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The Legal Connection
Transition Planning for Attorneys
Lunch-n-Learn webinar
January 7, 2015
@12:30 PM ET
Stephen Gallagher, MSOD
Principal,
LeadershipCoach
www.leadershipcoach.us
sgallagher@leadershipcoach.us
1Transition Planning
Stephen P. Gallagher
Transition Planning 2
The Aging of the Workforce
and why care?
Transition Planning 3
Aging of the Workforce
The number of people age 65+ will more
than double, increasing from 13% of total
population in 2010 to 21% of total in
2050.
THE AGING US WORKFORCE
A Chartbook of Demographic Shifts
Stanford Center on Longevity
July 2013
4Transition Planning
5
Four Stages of Aging
• 65 – 74 Young old
• 75 – 84 Middle old
• 85 – 94 Old old
• 95+ Frail old
Transition Planning
Aging of the Workforce
More than a quarter of all Americans and two out
of every three older Americans have multiple
chronic conditions, and treatment for this
population accounts for 66% of the country’s
health care budget.
The State of Aging and Health in America 2013
Transition Planning 6
7
Retirement
The traditional meaning of retirement has
been a single event – “withdrawal” from an
office or active service; to seek privacy or
seclusion.”
Webster’s Dictionary
Transition Planning
Structuring a Retirement Plan for
Senior Lawyers
• Research shows that most people spend more
time planning for a two-week vacation than for
their retirement.
• While financial planning is important, it’s just as
important to think about all the other aspects of
life that are impacted by retirement.
• How to handle changing relationships with family
and friends, or the desire for personal
development and growth?
Transition Planning 8
WHO SHOULD BEGIN THIS
JOURNEY ?
How do you transition away from
full-time law practice – possibly
towards full retirement?
Transition Planning 9
10
New Thinking About Retirement Planning
• Many lawyers who are reaching towards the
final stages of their careers do not necessarily
wish to hang up their briefcases and leave the
law.
• You need to begin thinking of retirement as a
series of developmental steps taken over a
period of time.
• There are no set formulas for developing a
Transition Plan.
Transition Planning
Transition
Transition is the inner process through
which people come to terms with a change.
The process takes place over a period of
time as they let go of the way things used to
be and reorient themselves to the way that
things are now.
William Bridges, author of
“Managing Transition: Making the Most of Change”
Transition Planning 11
Transition
ENDING - Letting go of the old ways.
NEUTRAL - Going through an in-between time
when the old is going but the new is not fully
operational.
NEW BEGINNING - This is when people
develop the new identity, experience the new
energy, and discover the new sense of purpose.
12Transition Planning
Endings, Neutral Zone and New
Beginnings
Transition Planning 13
14
Transition/Succession Planning
• Could it be that the same senior partners
that many firms are now looking to sunset
may become the untapped resources firms
will need to lead the talent pool of the
future?
Transition Planning
Who is in our Virtual Room?
Transition Planning 15
16
William McArthur - Founding Partner –
Age 74
• Great Rainmaker in his day.
• Tends to promise more than the
firm can deliver.
• People he works with are
growing concerned about his
health and his billable hours.
• He has been known to fall
asleep in client meetings.
• Promises to live forever.
17
Richard Bart- Founding Partner –
Age 70
• Has never really kept time.
• Prefers working alone.
• Richard has driven many
associates out the door over
the years.
• His one partner, Stephen
Cave has accused him of
retiring 10-years ago, without
telling anyone.
• Promises to live forever.
18
Stephen Cave – Founding Partner –
Age 68
• Richard Bart’s partner and his
brother-in-law.
• Always involves associates in
client meetings.
• Strong billable hours, but he
would like to transition away
from full-time practice.
• His greatest fear is that the
firm would fold if he stepped
away
– probably true!
19
Al the Partner – Lateral Hire – Age 80
• Comes to the office for several
hours one or two days a week.
• Was highly regarded in his area
of practice.
• Very involved in community
activities.
• Has not planned well financially
for retirement
• Has few outside interests
20
James Smith – 58 year old – Partner
• Has aging parents who live in
Ontario – their health is starting
to deteriorate
• Feeling sandwiched
• Has a spouse who has just
retired and wants to travel
• Doesn’t want to retire
completely, but wants to work
fewer hours and be able to take
blocks of time off
21
Duke of Hamilton – Partner 10
Years
• Appears to be the logical next
choice to run the Firm.
• Has absolutely no interest in
administrative affairs of the
Firm.
• Currently experiencing
difficulties in his personal life.
22
Mary – Partner Eight Years
Has Other Interests Outside the Law
• Has a growing book of
business.
• Commits considerable time to
charity work.
• Hoping to qualify for the Nova
Scotia Women's Keelboat
Championship Team
23
Sue – Partner 4-Years
• Talented young partner who
has two children in second
grade and kindergarten.
• One of her goals this year is to
be appointed to the
Compensation Committee.
• Believes in mandatory
retirement for all senior
partners at age 65.
• Plans to amass a fortune by
age 50, so she can retire early.
24
Let’s agree on what Transition Planning
Should be
• be the beginning of something different.
• hold new prospects of growth for each of
us.
• be approached as a new journey taking
place over a period of time.
• be set in motion way before you intend to
use it.
• be shared with family, friends and
business partners.
Transition Planning
Let the Journey Begin
One of my goals for us today is to
convince you to commit to start a
transition plan for yourself that would
include setting specific action goals that
you can work on over the next several
months.
25Transition Planning
26
Self-Exploration
Exercise I
• When you imagine being retired, what picture comes to
mind?
• What do you anticipate adding to your life when you
retire?
• What do you envision giving up when you retire?
• What ideas do you have about what your retirement
should be?
• Imagine not retiring. What image comes to mind? Is it
positive? Negative?
• Whose retirements have you observed?
Managing Transition is not always
for retirement, but it is for Renewal
• Transition management is based on the
idea that the best way to get people
through transition is to affirm their
experience and to help them to deal with
change.
• Transition management is not always for
retirement, but it is always used for
renewal purposes.
Transition Planning 27
Managing Transition
Transitioning away from a full-time law
practice, selling a practice or closing a law
practice should be organized and guided
by a simple but comprehensive written
plan so that all necessary steps are taken.
28Transition Planning
Washington State Bar
Association
29
2001 2011 Percent Change
ACTIVE MEMBERS 22,392 28,864 28.90%
ACTIVE IN WASHINGTON 19,267 23,611 22.50%
WESTERN WASHINGTON 16,690 20,566 23.20%
EASTERN WASHINGTON 2,577 3,045 18.10%
OVER 60 YEARS OLD 1,617 6,616 309.10%
21 TO 30 YEARS OLD 1,638 2,138 30.50%
Transition Planning
30
Nova Scotia Barristers’ Society
2008 - Member Survey
481 of our 1825 practicing members
(26.35%) have been practicing for more
than 27 years.
Transition Planning
31
Nova Scotia Barristers’ Society
2008 - Member Survey
Of the sole practitioners with more than 27
years at the bar:
– 80.4% have no plan in place to deal with existing clients
– 77.3% have no arrangements to deal with long-term storage of
files
– 70.0% have no plans in place to deal with current staff
– 64.5% have no plans in place to deal with financial demands of
practice (e.g. – rent and other payables/inability to practice)
Transition Planning
32
Why Establish a Transition Plan?
-To protect your client’s interests
-To maximize the value of your practice
-To minimize financial risk and emotional
upset to your family
- For sole practitioners, this program is
particularly important.
Transition Planning
33
How do you see your own Transition
Taking Place?
 Reduced hours?
 New associates or partners?
 Sale?
 Close out?
Transition Planning
34
How do you see your own Transition
Taking Place?
 Office and File Organization
 Trust account balances
 File Retention and Destruction Policies
 Insurance
 Assisting Lawyer
Transition Planning
35
Each Approach is Different
Special Needs of Sole
Practitioners
Assisting Lawyers
36Transition Planning
an Assisting Lawyer
An individual who will step into your
practice and deal with it on either an
emergency or a long-term basis in the
event of your disability or death.
37Transition Planning
Let the Journey Begin
38 Transition Planning
Months 1, 2 and 3
Compile list of names, addresses, phone
numbers, and email addresses for all staff.
Keep this in a secure place outside the
office, and make this available to another
person.
Compile master list of all clients and all
open matters.
39Transition Planning
Months 1, 2 and 3
Secure all computer records and make
sure you have a backup copy stored
outside the office.
Document the procedures for restoring
these files.
40Transition Planning
Months 1, 2 and 3
Examine trust account to make sure all
documentation is up-to-date.
Pay particular attention to balances that
you have been holding for more than 30
days.
Examine leases and service contracts and
other outstanding liabilities.
41Transition Planning
Months 1, 2 and 3
For all new work, prepare a memo
outlining the relevant facts, deadlines,
opposing lawyer(s), and important
elements involved.
Select a manageable number of active
matters each week, and prepare a memo
outlining facts about each case (five a
week).
42Transition Planning
Months 1, 2 and 3
Select a manageable number of closed
files each week and remove them from
Active Matter list.
Work to resolve any open question related
to outstanding bills.
If you have partners, make sure another
partner assumes responsibility for each
client and every open matter. (five a week)
43Transition Planning
Months 1, 2 and 3
Identify a colleague who agrees to serve
as your Assisting Lawyer, so you can
begin working together on developing
succession plans.
Discuss how the Assisting Lawyer will be
paid and at what rate.
44Transition Planning
Months 1, 2 and 3
Develop a written plan or checklist for
yourself to follow.
Begin sharing your transition plan with
family, key friends and clients.
45Transition Planning
Months 1, 2 and 3
Stay away from the office for specified
periods of time, to allow others to assume
greater responsibility.
Did I say begin sharing your transition plan
with family, key friends and clients.
46Transition Planning
Gallagher’s Transition
Transition Planning 47
48
Transition Planning Resources
• Planning Ahead Guide, New York State Bar
Association publication
• Turning Out Your Lights: Planning for Closing
your Law Practice, North Carolina Bar
Association
• Rich Dad, Poor Dad by Robert T. Kiyosaki
• Younger Next Year: A Guide to Living Like 50
Until You're 80 and Beyond by Chris Crowley
Transition Planning
Thank you for participating
in today’s program
Stephen P. Gallagher
sgallagher@leadershipcoach.us
610-660-0218
Transition Planning 49

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Webinar transition management - jan 2015

  • 1. The Legal Connection Transition Planning for Attorneys Lunch-n-Learn webinar January 7, 2015 @12:30 PM ET Stephen Gallagher, MSOD Principal, LeadershipCoach www.leadershipcoach.us sgallagher@leadershipcoach.us 1Transition Planning
  • 3. The Aging of the Workforce and why care? Transition Planning 3
  • 4. Aging of the Workforce The number of people age 65+ will more than double, increasing from 13% of total population in 2010 to 21% of total in 2050. THE AGING US WORKFORCE A Chartbook of Demographic Shifts Stanford Center on Longevity July 2013 4Transition Planning
  • 5. 5 Four Stages of Aging • 65 – 74 Young old • 75 – 84 Middle old • 85 – 94 Old old • 95+ Frail old Transition Planning
  • 6. Aging of the Workforce More than a quarter of all Americans and two out of every three older Americans have multiple chronic conditions, and treatment for this population accounts for 66% of the country’s health care budget. The State of Aging and Health in America 2013 Transition Planning 6
  • 7. 7 Retirement The traditional meaning of retirement has been a single event – “withdrawal” from an office or active service; to seek privacy or seclusion.” Webster’s Dictionary Transition Planning
  • 8. Structuring a Retirement Plan for Senior Lawyers • Research shows that most people spend more time planning for a two-week vacation than for their retirement. • While financial planning is important, it’s just as important to think about all the other aspects of life that are impacted by retirement. • How to handle changing relationships with family and friends, or the desire for personal development and growth? Transition Planning 8
  • 9. WHO SHOULD BEGIN THIS JOURNEY ? How do you transition away from full-time law practice – possibly towards full retirement? Transition Planning 9
  • 10. 10 New Thinking About Retirement Planning • Many lawyers who are reaching towards the final stages of their careers do not necessarily wish to hang up their briefcases and leave the law. • You need to begin thinking of retirement as a series of developmental steps taken over a period of time. • There are no set formulas for developing a Transition Plan. Transition Planning
  • 11. Transition Transition is the inner process through which people come to terms with a change. The process takes place over a period of time as they let go of the way things used to be and reorient themselves to the way that things are now. William Bridges, author of “Managing Transition: Making the Most of Change” Transition Planning 11
  • 12. Transition ENDING - Letting go of the old ways. NEUTRAL - Going through an in-between time when the old is going but the new is not fully operational. NEW BEGINNING - This is when people develop the new identity, experience the new energy, and discover the new sense of purpose. 12Transition Planning
  • 13. Endings, Neutral Zone and New Beginnings Transition Planning 13
  • 14. 14 Transition/Succession Planning • Could it be that the same senior partners that many firms are now looking to sunset may become the untapped resources firms will need to lead the talent pool of the future? Transition Planning
  • 15. Who is in our Virtual Room? Transition Planning 15
  • 16. 16 William McArthur - Founding Partner – Age 74 • Great Rainmaker in his day. • Tends to promise more than the firm can deliver. • People he works with are growing concerned about his health and his billable hours. • He has been known to fall asleep in client meetings. • Promises to live forever.
  • 17. 17 Richard Bart- Founding Partner – Age 70 • Has never really kept time. • Prefers working alone. • Richard has driven many associates out the door over the years. • His one partner, Stephen Cave has accused him of retiring 10-years ago, without telling anyone. • Promises to live forever.
  • 18. 18 Stephen Cave – Founding Partner – Age 68 • Richard Bart’s partner and his brother-in-law. • Always involves associates in client meetings. • Strong billable hours, but he would like to transition away from full-time practice. • His greatest fear is that the firm would fold if he stepped away – probably true!
  • 19. 19 Al the Partner – Lateral Hire – Age 80 • Comes to the office for several hours one or two days a week. • Was highly regarded in his area of practice. • Very involved in community activities. • Has not planned well financially for retirement • Has few outside interests
  • 20. 20 James Smith – 58 year old – Partner • Has aging parents who live in Ontario – their health is starting to deteriorate • Feeling sandwiched • Has a spouse who has just retired and wants to travel • Doesn’t want to retire completely, but wants to work fewer hours and be able to take blocks of time off
  • 21. 21 Duke of Hamilton – Partner 10 Years • Appears to be the logical next choice to run the Firm. • Has absolutely no interest in administrative affairs of the Firm. • Currently experiencing difficulties in his personal life.
  • 22. 22 Mary – Partner Eight Years Has Other Interests Outside the Law • Has a growing book of business. • Commits considerable time to charity work. • Hoping to qualify for the Nova Scotia Women's Keelboat Championship Team
  • 23. 23 Sue – Partner 4-Years • Talented young partner who has two children in second grade and kindergarten. • One of her goals this year is to be appointed to the Compensation Committee. • Believes in mandatory retirement for all senior partners at age 65. • Plans to amass a fortune by age 50, so she can retire early.
  • 24. 24 Let’s agree on what Transition Planning Should be • be the beginning of something different. • hold new prospects of growth for each of us. • be approached as a new journey taking place over a period of time. • be set in motion way before you intend to use it. • be shared with family, friends and business partners. Transition Planning
  • 25. Let the Journey Begin One of my goals for us today is to convince you to commit to start a transition plan for yourself that would include setting specific action goals that you can work on over the next several months. 25Transition Planning
  • 26. 26 Self-Exploration Exercise I • When you imagine being retired, what picture comes to mind? • What do you anticipate adding to your life when you retire? • What do you envision giving up when you retire? • What ideas do you have about what your retirement should be? • Imagine not retiring. What image comes to mind? Is it positive? Negative? • Whose retirements have you observed?
  • 27. Managing Transition is not always for retirement, but it is for Renewal • Transition management is based on the idea that the best way to get people through transition is to affirm their experience and to help them to deal with change. • Transition management is not always for retirement, but it is always used for renewal purposes. Transition Planning 27
  • 28. Managing Transition Transitioning away from a full-time law practice, selling a practice or closing a law practice should be organized and guided by a simple but comprehensive written plan so that all necessary steps are taken. 28Transition Planning
  • 29. Washington State Bar Association 29 2001 2011 Percent Change ACTIVE MEMBERS 22,392 28,864 28.90% ACTIVE IN WASHINGTON 19,267 23,611 22.50% WESTERN WASHINGTON 16,690 20,566 23.20% EASTERN WASHINGTON 2,577 3,045 18.10% OVER 60 YEARS OLD 1,617 6,616 309.10% 21 TO 30 YEARS OLD 1,638 2,138 30.50% Transition Planning
  • 30. 30 Nova Scotia Barristers’ Society 2008 - Member Survey 481 of our 1825 practicing members (26.35%) have been practicing for more than 27 years. Transition Planning
  • 31. 31 Nova Scotia Barristers’ Society 2008 - Member Survey Of the sole practitioners with more than 27 years at the bar: – 80.4% have no plan in place to deal with existing clients – 77.3% have no arrangements to deal with long-term storage of files – 70.0% have no plans in place to deal with current staff – 64.5% have no plans in place to deal with financial demands of practice (e.g. – rent and other payables/inability to practice) Transition Planning
  • 32. 32 Why Establish a Transition Plan? -To protect your client’s interests -To maximize the value of your practice -To minimize financial risk and emotional upset to your family - For sole practitioners, this program is particularly important. Transition Planning
  • 33. 33 How do you see your own Transition Taking Place?  Reduced hours?  New associates or partners?  Sale?  Close out? Transition Planning
  • 34. 34 How do you see your own Transition Taking Place?  Office and File Organization  Trust account balances  File Retention and Destruction Policies  Insurance  Assisting Lawyer Transition Planning
  • 35. 35 Each Approach is Different
  • 36. Special Needs of Sole Practitioners Assisting Lawyers 36Transition Planning
  • 37. an Assisting Lawyer An individual who will step into your practice and deal with it on either an emergency or a long-term basis in the event of your disability or death. 37Transition Planning
  • 38. Let the Journey Begin 38 Transition Planning
  • 39. Months 1, 2 and 3 Compile list of names, addresses, phone numbers, and email addresses for all staff. Keep this in a secure place outside the office, and make this available to another person. Compile master list of all clients and all open matters. 39Transition Planning
  • 40. Months 1, 2 and 3 Secure all computer records and make sure you have a backup copy stored outside the office. Document the procedures for restoring these files. 40Transition Planning
  • 41. Months 1, 2 and 3 Examine trust account to make sure all documentation is up-to-date. Pay particular attention to balances that you have been holding for more than 30 days. Examine leases and service contracts and other outstanding liabilities. 41Transition Planning
  • 42. Months 1, 2 and 3 For all new work, prepare a memo outlining the relevant facts, deadlines, opposing lawyer(s), and important elements involved. Select a manageable number of active matters each week, and prepare a memo outlining facts about each case (five a week). 42Transition Planning
  • 43. Months 1, 2 and 3 Select a manageable number of closed files each week and remove them from Active Matter list. Work to resolve any open question related to outstanding bills. If you have partners, make sure another partner assumes responsibility for each client and every open matter. (five a week) 43Transition Planning
  • 44. Months 1, 2 and 3 Identify a colleague who agrees to serve as your Assisting Lawyer, so you can begin working together on developing succession plans. Discuss how the Assisting Lawyer will be paid and at what rate. 44Transition Planning
  • 45. Months 1, 2 and 3 Develop a written plan or checklist for yourself to follow. Begin sharing your transition plan with family, key friends and clients. 45Transition Planning
  • 46. Months 1, 2 and 3 Stay away from the office for specified periods of time, to allow others to assume greater responsibility. Did I say begin sharing your transition plan with family, key friends and clients. 46Transition Planning
  • 48. 48 Transition Planning Resources • Planning Ahead Guide, New York State Bar Association publication • Turning Out Your Lights: Planning for Closing your Law Practice, North Carolina Bar Association • Rich Dad, Poor Dad by Robert T. Kiyosaki • Younger Next Year: A Guide to Living Like 50 Until You're 80 and Beyond by Chris Crowley Transition Planning
  • 49. Thank you for participating in today’s program Stephen P. Gallagher sgallagher@leadershipcoach.us 610-660-0218 Transition Planning 49