This is a practical and comprehensive look at the many and various factors and risks which must be considered when the practicing attorney is contemplating retirement. This presentation examines the realities faced by the potential retiree as well as the hopes and desires that the retiree has concerning his or her upcoming retirement. Some of the realities addressed are issues such as the risks involved in winding up a law practice, malpractice insurance, and how health and finances will impact your decision. Some of the desire issues relate to whether it is the right time to retire, how it will impact your family, and how do your personal interests factor into the question of when.
This presentation takes a broad view and asks not only how to achieve a rewarding retirement but how to avoid the many pitfalls one may face in the transition. This presentation also examines the possible activities which will be available to you after retirement. It is an insightful, thoughtful and thorough tour de force of the multi-faceted issues and risks facing the attorney who is considering retirement in today’s complex world.
- Introduction
- Consequences of failing to have a plan
- The Day Will Come When...
- Recognizing age-related challenges and tips on how to address them
- The importance of growing old gracefully
- The necessity of naming a successor/backup attorney
- RPC 1.3 Diligence
- Steps to take in the event a successor attorney must step in
- Succession/Retirement Planning Starts With When
- Identifying realities and desires
- (For firms of 2 or more attorneys) Don’t dismiss Rule 5.1 We are our partners’ keepers
- Putting What Comes Next Into Perspective
- Preparing starts with asking the right questions
- The Critical Question
- Identifying Options – Stay connected to the profession or time for something new
- Closing a Practice
- Thorough discussion of the process
- Gradual Transitions (Of Counsel) and Tail Coverage
- What Of Counsel relationships are and aren’t
- What tail coverage is and isn’t
- How to avoid tail coverage missteps
- File Retention and Destruction Issues
- Where to keep, how long, and who to contact
- Attorney Departure Concerns for Firms
- Managing the transition, preventing the loss of intellectual capital, and preserving revenue
- You Can Sell a Practice
- Identifying the ethical issues that must be addressed
- Questions & Answers (as time permits)
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Status: Approved
Credits: 1.50 Legal Ethics
Status: Approved
Credits: 1.50 Legal Ethics/Professional Responsibility
Difficulty: All Levels
Status: Approved
Credits: 1.50 Ethics
Status: Pending
Credits: TBD
This presentation is approved for one and a half hours of Legal Ethics CLE credit in California, one and a half hours of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), and one and a half hours of Ethics CLE credit in North Carolina. An application for accreditation of this activity has been submitted to the MCLE Committee of the State Bar of Texas and is pending.
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ALPS Insurance
Since 1998, Mark Bassingthwaighte, Esq., has been a Risk Manager with ALPS, the nation’s largest direct writer of lawyers’ malpractice insurance. In his tenure with the company, Mr. Bassingthwaighte has conducted over 1200 law firm risk management assessment visits; presented over 650 continuing legal education seminars throughout the United States; and written extensively on risk management, ethics, and technology. Mr. Bassingthwaighte is a member of the State Bar of Montana as well as the American Bar Association where he currently sits on the ABA Center for Professional Responsibility’s Conference Planning Committee.