The Practice Ends and ERP Here Today, Gone Tomorrow: Succession or Disaster when a Practice Ends

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The Practice Ends and ERP Here Today, Gone Tomorrow: Succession or Disaster when a Practice Ends

What we will cover today - Overview of succession planning and why it s important Backup Lawyer arrangements Why lawyers professional liability insurance and tail options need to be understood

Current Succession Trends Solo lawyers 29% of all practicing lawyers 84% have no plan Lawyers practicing in firms with between 2 to 10 lawyers 56% of all practicing lawyers 80% have no plan Nearly 70% of ISBA Mutual policyholders are solo practitioners

Concerned Stakeholders ISBA Special Committee Succession and Transition Planning ARDC John Cesario ISBA Mutual Insurance Company Added policy provisions for free tail upon death, disability and retirement

Causes of the Problem Aversion to thinking about the end Procrastination Tendency to help others before helping yourself No one else can do what I do

No Plan Who Helps?

Consequences of Not Having a Plan How will you be remembered? By your clients By your colleagues By your family

What Happens When Nobody Helps ARDC Cometh, Supreme Court Rule 776 Court-Appointed Receivership John Cesario Senior Counsel jcesario@iardc.org

Know Your Resources ARDC - https://www.iardc.org/succession%20planning.htm IBF - https://www.illinoisbarfoundation.org/warren-lupel-lawyers-care-fund ISBA - https://www.isba.org/practicehq/winddown IOLTA - http://www.ltf.org Your Insurance Carrier ISBA Mutual 866-473-4722

ARDC Online Resources to Create Your Plan Succession Planning Training Videos Documents to Consider Office Checklist Limited Power of Attorney Law Practice Coverage Agreement Retainer Agreement Inclusion Language

Illinois Bar Foundation Warren Lupel Lawyers Care Fund Financial Support Provided For: Funeral Costs Medical Bills Living Expenses

Illinois State Bar Association Special Committee on Succession and Transition Planning https://www.isba.org/committees/successionandtransitionplanning

Make a Plan Written agreement with another lawyer/law firm Maintain an office manual Add instructions to will/estate documents Include language in client engagement letters Arrange for access to bank and trust accounts Review your plan annually

Designated Attorney Representative Proposed Supreme Court Rule 781 Protect client interest Authorizations Liability is limited

Backup Lawyer System What to look for in a Backup Lawyer Initial setup of Backup Lawyer system Be sure to review annually

Type of Policy Forms Claims Made and Reported Policy: your coverage and limits of liability are only available during the policy term or any extended reporting period Occurrence Policy: your coverage and limits of liability survive after the expiration of the policy

What is Tail Coverage? ERP is known as Extended Reporting Period, or Tail Coverage

Insurance - Extended Reporting Period Extends the period of time to report a claim after a Claims Made and Reported policy expires It is not renewable It is not cancellable It is not an extension of the insurance coverage

Why you should get Extended Reporting Period Coverage: Death Free Disability unable to practice law Free Retirement Free Military Service Free Firm is Dissolving or Merging - Purchase

The Timeline Claims Dates Prior Acts Effective Date Expiration Date Occurrence /Wrongful Act Date Claim Made Date Report Date

The Timeline Claim Reporting No Tail Policy Period Policy Period Current Policy Period Prior Acts Date Effective Date Expiration Date Coverage Period NO coverage, NOT reportable

The Timeline Claim Reporting with Tail Policy Period Policy Period Current Policy Period Tail or Extended Reporting Period Prior Acts Date Effective Date Expiration Date Extended Reporting Date Coverage Period NO coverage, IS reportable

Summary Succession planning is important, get a Backup Lawyer Resources are available to create a plan Activating an extended reporting period endorsement is critical Protect your legacy

Thank You