Senior Lawyers: Make Your Age an Asset
Originally published in Virginia Lawyer, Vol. 65 | February 2017
Senior lawyers face increasing pressure to stay relevant in a changing legal profession.
Law firms focus on attracting bright young graduates, not lavishing attention on their more experienced lawyers. We’ve all seen it happen. Senior lawyers may be offered “of counsel” status or nudged into working on less demanding — and less profitable — cases. Often we’re offered enticing retirement packages. The former can be a subtle form of age stereotyping while the latter is a straightforward purchase of legal rights for cash. Unfortunately, age discrimination is alive and well in law practice, just as it is in other professions. Although it became illegal in 1967, with the passage of the Age Discrimination in Employment Act, the bias against aging lawyers is hard to prove. Just when we think we’re at the height of our powers, our colleagues and clients may think we’re on the decline. Our years at the bar have given us the skill to size up situations quickly — focusing on the solution while our younger cohorts are still figuring out the problem. Yet we’re often perceived as slowing down, or maybe even heading towards a full stop.
While ours may be one of the last professions where experience and graying temples are still perceived to add value, our youth-focused culture doesn’t see this accumulated wisdom as the significant benefit it once was. We know that at some point, if we can’t keep up the pace, we’ll have to get off the track. But many senior lawyers are committed to practicing as long as possible.
So what can the senior lawyer do to prevent both the conscious and unconscious effects of apparent age discrimination? The first thing we can do to stay vital is simply to keep up with current legal practices. Older lawyers who are eased out because they resist client values or challenge new firm leadership are not necessarily the victims of age stereotyping. Even if lawyers think the client or firm is going in the wrong direction, their duty remains what it always was – to serve lawful client goals and firm objectives. The consequence of a failure to adapt to change isn’t age discrimination; it’s intransigence. Having an assistant print out an e-mail so it can be read as hard copy is antiquated. Change has come. Just because we’re senior lawyers doesn’t mean we can’t be up-to-speed on the practice of law today.
Second, we can follow our passion. Many of us spent our careers focused on a particular area of the law. We worked to earn a good reputation for handling the specific kinds of matters in which our expertise could make a real difference. Senior general practitioners probably undertake more different matters than other lawyers, but all of us have a range in which we are highly competent. We need to give ourselves permission to say “no” to cases that don’t energize us and to enthusiastically embrace those that do. It’s ironic that our profession has a problem with lawyer burnout. Lawyers don’t burn out when the flame still shines brightly.
Finally, we can counter age discrimination by exercising our long-accumulated wisdom. This is crucial today, when the profession is undergoing a profound disruption. Former vendors, such as form providers and document control services, are taking over significant chunks of what were once integral parts of law practice. While this may threaten new lawyers trying to carve out their niche, it can present senior lawyers with a real opportunity. In short, time at the bar develops legal wisdom. Wisdom can’t be commoditized. It’s not offered in an online form. There is no way to rush the process of achieving wisdom. So if we have finally made the transition from legal technician to legal counselor, we might as well take advantage of it. As the late Peter Drucker suggested, it’s as simple as making the distinction between doing things right and doing the right things. This two-word switch uncovers the new perspective it has taken us a whole career to develop and practice — still.
Senior lawyers who continue to practice law are essential to a healthy legal profession. Rather than resisting the perception that we are slowing down or being pushed aside, we can assert that our perspective as long-serving members of the bar is more valuable now than ever. Law practice is changing, and we who are still in the profession are committed to changing as well. In fact, our age can be our most important asset.