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Do you remember when Elvis Presley first appeared
on the Ed Sullivan Show? If so, you are part of the emerging senior
lawyer boom. And just as "The King" transformed popular music, the
growing number of vintage lawyers is transforming the entire
structure and culture of the legal profession.
It's a Different World
Until now, lawyers over the age of 50 have
been in the minority. In 1960, the median age of lawyers in the
United States was 46. By 1980, the median age of lawyers had dropped
to 39 as the baby boomers entered the profession. As these boomers
advance through their careers, the median age will increase, and by
the year 2020, more than half of the attorneys in the United States
will be over 50.1
Today, far from being a relaxed, respected
elder, experienced lawyers are expected to contribute as much if not
more than they always have. The competition both between and within
an organization is fierce. The "good old days" are gone. Marc
Galanter wrote the following in the Wisconsin Law Review:2
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Earlier, the
fortunate few who gained partnership in a sizable firm acquired
a kind of tenure. Partners could anticipate billing fewer hours
within the passing years and could expect to stay on at the same
firm until a dignified, often gradual and partial retirement,
beginning in their late sixties…Many new features...(mergers,
lateral movement) amplify the power of dominant lawyers within
the firm to sanction their errant colleagues, and the prevalent
culture endorses such sanctions. |
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Galanter is the John and Rylla Bosshard
professor of law and South Asian studies at the University of
Wisconsin-Madison and author of Tournament of Lawyers (with
Thomas Palay).
What Does This Mean to Me?
If these changes make you uncomfortable, the
good news is you are not alone. "Attorneys age 50 and older find it
more difficult physically and emotionally to deal with the same
stresses they have dealt with throughout their legal careers," says
Ed Modell, a litigator for 28 years. "Looking back, stress was a
large factor in the medical conditions that caused me to give up
practice at age 56."
Modell now runs a successful consulting,
coaching, and mediation practice and has recently been appointed
workplace ombuds for the Administrative Office of the Courts of the
State of Maryland. "After years of focusing on what was important to
my clients, I suddenly had to think about what is important to me. I
wanted a new career combined with volunteer work-and I wanted all of
it to be meaningful," says Modell.
What's Next?
Whether in-house or at a firm, when the time
comes to retire, all attorneys will be pressed to think "what next?"
To a large extent, the next chapter of your life will be what you
make of it. You may not be able to change your circumstances, but
you can choose how to approach them, altering the quality of your
experience and perhaps finding fresh possibilities. If you retire
because you feel you have no other option, chances are you will be
miserable once you stop working. By contrast, if you actively decide
retirement will be an exciting new chapter, you will enjoy a very
different experience.
The Flourishing Process™ can help you navigate
the transition from your current circumstances to what's next.

Clarity: What do you want to be
different?
It is common for lawyers to define themselves by their work or
their title. While work is certainly an important part of one's
identity, this one-dimensional definition can lead to problems. When
work stops, your powerful professional identity can evaporate.
Studies have found lawyers with the highest incomes and most
prestigious specialties are on the whole least satisfied with their
lives as lawyers.3 If this describes you, now is the
perfect time to revisit who you have been, and who you are becoming,
and to explore ways to add meaning and purpose in your life.
"It usually does not work to simply stop practicing law and
expect something else to come along that will keep one engaged and
involved," says Modell. "I have seen some friends get really
depressed after six months of playing tennis. Yet it takes time and
effort to find the right fit in terms of a new career or volunteer
work."
It's easy to become paralyzed, looking for the "right" or "best"
answer. Remember, there is no perfect answer. Not only will each
person's answer be different, what is right for any one of us may
change over time or as we learn more about ourselves, our
preferences, and our needs. Every journey begins with the first
step. Take time to draft your answers to the questions below,
knowing you can and will continue to hone your answers as you get
new information from your choices and actions. Ask yourself:
- What do you want to be different for your remaining time in
your current position?
- What do you want to be different after you move on?
Choice: What do you choose?
With your newfound clarity, what choices do you need to make to
accept and embrace these changes?
- What are you currently doing that you need to do more?
- What are you currently doing that you need to do less?
These two may be combined. For example, to mentor younger lawyers
and reduce your workload, perhaps you need to delegate more and do
less work yourself. What new things do you need to start? For
example, if you want to volunteer with an organization that requires
training, you might need to start an orientation or volunteer
training program. What things do you need to stop altogether?
Action: What will you do?
What steps do you need to take to make sure the rest of your
career and your life beyond today's job are satisfying?
Ask yourself:
- What do you need to do now to position yourself for your next
chapter? Do you need new skills? Do you need entries into new
organizations?
- How will you transition your current client relationships?
- When will you do each of these things? What will you do today?
What will you do by the end of next week? What will you do in six
months?
If you are part of the senior lawyer boom, you are, by and large,
healthy and financially secure, and as a result, have many options
for what comes next. What will happen after you have left the
building?
NOTES
1. Galanter, Marc, "'Old and in the Way': The Coming Demographic
Transformation of the Legal Profession and Its Implications for the
Provision of Legal Services," Wisconsin Law Review: 1084,
1112 (1999).
2. Id. p. 1095.
3. Id. p. 1108.
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| THE LAW FIRM'S ROLE
Until recently, organizations have addressed retirement issues
one lawyer at a time with discreet discussions, carefully
crafted compensation packages, and announcements. Corporate law
departments may be able to continue doing so. But the sheer
number of law firms with mandatory retirement ages and lawyers
approaching these limits will require law firms and lawyers to
do things differently.
- Show your senior attorneys you understand these very real
concerns. Simply acknowledging these feelings can go a long
way.
- Create new pathways to capitalize on your senior lawyers'
talents and retain their institutional knowledge, experience,
judgment, and contacts. Work together with these attorneys to
craft scenarios that work well for all parties. According to
Ed Modell, a former litigator who now runs a private
consulting firm, "The time spent learning about mentoring and
fulfilling the role should receive billable credit."
- Use these transitions to support your strategic goals. For
example, if a relationship partner retires, who will step into
that role? Take this time to revisit assignments of younger
attorneys, and make sure work is assigned with the firm's
diversity goals in mind.
- Provide resources to help senior attorneys transition out
of the practice of law. "Organizations should provide
professional coaches or counselors to help the transitioning
attorney find ways to pursue his or her interests in ways that
are creative and effective," suggests Modell.
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Recommended Resources
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"'Old and in the Way': The Coming Demographic Transformation
of the Legal Profession and Its Implications for the
Provision of Legal Services," Wisconsin Law Review:
1081-1117 (1999). |
Marc Galanter |
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"Partners in Transition: Mandatory Retirement
Policies for Law Firm Partners," The Philadelphia Lawyer,
Spring, 2006. |
James LaRosa |
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Heather
Bradley, CPCC, and Miriam Bamberger Grogan, CPCC, are the
co-founders of The Flourishing Company, a workplace consulting
firm which changes the way people experience work. They
are the authors of Judge For Yourself: Clarity,
Choice and Action in Your Legal Career, published by the
American Bar Association in cooperation with the Minority
Corporate Counsel Association. |
From the July/August 2006 issue of
Diversity & The Bar®
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©2006 The Flourishing Company. All Rights
Reserved.
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