A
new focus on issues affecting senior lawyers
By
Patrick Kelly,
President,
State Bar of California
Demographic
studies of lawyers in California demonstrate that the ranks of senior
lawyers are growing dramatically. For example, a 2011 State Bar survey
found that 48 percent of California lawyers are 55 or older compared with just
14 percent in 1991. The current economic downturn, together with the fact our
society as a whole is productively working longer, means that lawyers as a
group are working to a greater age than in the past. Oftentimes their
traditional support networks, such as a large firm or corporate or government
environment, are no longer available to them.
Whether
defined as the traditional and perhaps outmoded retirement age of 65 or some other
age, the challenge to the State Bar is how to determine and address the issues
facing this lawyer group in a positive and proactive way while at the same
time carrying forward its core mission of public protection. To meet this
challenge, earlier this year I formed a Senior Lawyers Working Group
chaired by Trustee Pearl Mann to explore in a comprehensive way what is
being done by other associations such as California local bars, the American
Bar Association and National Organization of Bar Counsel in addressing the
issues that specifically confront senior lawyers and their clients in
their law practice, and the relationship of these issues to the public we
protect. The Working Group consists of members of the board's
Member Oversight and Regulation, Admissions and Discipline committees. The
group’s ultimate goal is to make recommendations that will enhance the ability
of those senior lawyers who choose to practice longer in a meaningful way,
while at the same time ensuring that the interests of the public are protected.
While
not new, this issue has increased in prominence over the years. In recent
years, the ABA and many local bars have formed senior lawyer sections or
committees that explore and develop programs to enhance and improve the
practices of senior lawyers and their service to clients. The Working Group
will examine existing programs such as those that create
mentoring and pro bono opportunities to capitalize on the energy and experience
of senior lawyers. In this regard, the State Bar has already developed an
Attorney Surrogacy Program to assist attorneys wind down their practice and has
published a guidebook
on this subject. The
National Organization of Bar Counsel, which is the national association of
attorney regulators, is also looking at this subject by establishing a
committee to examine how attorneys who choose to can continue to practice and
those who wish to retire from the practice but need help in unwinding their
practice can find the help they need.
The
Working Group is also mindful of the need to help identify and deal with
lawyers that create a risk to the public. As to this issue, there is
no escaping the fact that some lawyers should step down from an active
practice. But this is not necessarily an age issue. Whether fostered
by substance abuse, early onset of a disabling disease such as Alzheimer's
or personal tragedy, the State Bar bears the responsibility of finding
ways to identify and deal with attorneys that present a risk to the
public no matter what their age. Thus, the Senior Lawyers Working
Group will also be exploring ways of partnering with lawyers and
regulatory groups to develop better ways through education and remedial
measures to approach these issues in a positive and comprehensive way.
The
recommendations of the Working Group will be completed this spring and the State
Bar will consider them as it fulfills its public protection mission.
However, whatever action the State Bar undertakes will proceed in a fair and
thoughtful way that recognizes both the needs of the public and the senior
attorneys in our legal community.