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The ALPS In Brief Podcast
ALPS Lawyer’s Malpractice Insurance
92 episodes
6 days ago
Each episode, we sit down with someone new in the lawyers risk management space to discuss ideas, personal stories, and more. Take a break, have a listen.
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All content for The ALPS In Brief Podcast is the property of ALPS Lawyer’s Malpractice Insurance and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
Each episode, we sit down with someone new in the lawyers risk management space to discuss ideas, personal stories, and more. Take a break, have a listen.
Show more...
Business
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ALPS In Brief - Episode 73: The Ethical Obligation of Succession Planning
The ALPS In Brief Podcast
31 minutes
2 years ago
ALPS In Brief - Episode 73: The Ethical Obligation of Succession Planning
Mark Bassingthwaighte:  Hello. I'm Mark Bassingthwaighte, the risk manager here at ALPS, and welcome to ALPS In Brief, the podcast that comes to you from the historic Florence building in beautiful downtown Missoula, Montana.  I'm delighted to have, as my guest today, Bill Harvit, and Bill is the chairman of the Succession Planning Committee at the West Virginia State Bar. And I'll tell you, as a risk guy, succession planning is a huge issue, and it seems to me, in recent years, more and more states are starting to move a little bit on this topic, and for good reason.  Bill and I are going to have a chat about succession planning, and I thought it'd be fun to have Bill not only because of his involvement with the committee and all this going on in West Virginia, but I think, folks, it's important, too, to hear from another practitioner, from somebody that's out there. I've been in this risk management space for 25 years, and I'm sure some of you are tired of hearing just from me, and I like to have different types of thoughts. Before we jump into this, Bill, may I have you take just a moment and introduce yourself. What do listeners need to know about you?  Bill Harvit:  Oh, probably not a lot. No, I'm teasing. I've been practicing law for ... this is my 37th year, coming up on 37th year. I've represented both plaintiffs and defendants through the years, but principally, I've been involved in toxic torts, mass tort litigation, through the years. And, unfortunately, I had a situation, back in 2017, that thrusted me into this succession planning situation, and Mark, it's not because I didn't prepare. We thought we were prepared and we were not. It's a very important topic. I thank you and ALPS for focusing on it. And, listen, to the extent I can help anybody not go through what I went through, I'm happy to do so.  Mark Bassingthwaighte:  Are you able to share a little bit about what happened and what brought you into this?  Bill Harvit:  Sure. I had been practicing, in fact, I had a firm for 25 years, and my partner and I, as I said, did a lot of mass tort litigation. And literally, one day, I'm not kidding, in April of 2017, I knew he was having some issues, but he walked in and literally said, "I'm done," and walked out, and we had about 5,000 files that were open, again, because we did mass tort litigation. They weren't all 100% open. Some were just waiting on settlements and bankruptcy defendants and things of that nature. It took me two and a half years to wind down that firm and deal with all of the issues that, hopefully, we're not going to get to all of them, but hopefully at least touch on a number of the issues. I lived it, and I will tell you it's probably one of the most stressful times in my life.  And, just in this same vein, that happened to me as a lawyer, but it also happened to me as a non-lawyer. When my father passed away, he and my mother operated a small women's clothing store in southern West Virginia, and not unlike a small law firm, they each had their own duties and responsibilities. And, when he passed away, of course, they had no succession plan, and I had to step into that. I've learned it both as a lawyer and as a non-lawyer.  Mark Bassingthwaighte:  Well, what I appreciate about this story is there's this temptation, as I see it, among the bar at large, is succession planning really is an issue that we need to focus on in terms of solo lawyers and the rest of us don't really need to worry about that. And you are so right. I've seen problems in firms of five, eight, 10 lawyers where we have these unexpected, unplanned for transitions, whether it's an untimely death or somebody just saying, "I'm done." All kinds of things can come up here that create some problems.  I was also interested, as we were talking a little bit via email, you had mentioned that West Virginia is in the process of considering some rule changes, and specifically, as I understand it, really making it clear that the o
The ALPS In Brief Podcast
Each episode, we sit down with someone new in the lawyers risk management space to discuss ideas, personal stories, and more. Take a break, have a listen.