 | Tracking Key Shifts in the Legal Ecosystem |
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Each week, the Law.com Barometer newsletter, powered by the ALM Global Newsroom and Legalweek brings you the trends, disruptions, and shifts our reporters and editors are tracking through coverage spanning every beat and region across the ALM Global Newsroom. The micro-topic coverage will not only help you navigate the changing legal landscape but also prepare you to discuss these shifts with thousands of legal leaders at Legalweek 2025, taking place from March 24-27, 2025, in New York City. Registration is now open. |
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The Shift: Why Retirement Might Be Increasingly Top-of-Mind for Older Attorneys Next week, American voters will decide who will be the next president of the United States, just a few weeks before President Joe Biden, who will not be on the ballot, turns 82. The scrutiny around Biden running for reelection earlier this year after concerns over his cognitive ability struck a chord with some senior attorneys, who themselves are facing questions and pressures about retirement. The “Biden effect,” as Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein calls it, has led to a change in perception. "As of last year, nobody was eyeing all of us like vultures, circling, wondering when we were going to go off to the rest home," said Cabraser, who is 72 years old. "... But, all of a sudden, people are looking at us, going hmmm … I don't know. She seems coherent today, but who knows?" However it’s not just the political discourse putting older attorneys on the spot. Generational trends driving a need for succession planning and a rapidly moving technological goal post are also spurring some elder attorneys to ask themselves whether now is the right time to retire. |
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The Conversation Mark Dubois, Connecticut's former chief disciplinary counsel who advises lawyers on succession planning, said he realized the “clock was ticking” after fighting cancer and spending eight days in the hospital with COVID-19. Dubois, 74, said he wanted to ease himself out of his practice before someone else did. "That's why I felt so bad for Joe Biden," he said. "Dude, I've been there. I feel for you." Adam Seiden, a 73-year-old New York State Bar leader and retired longtime judge, said "It's very, very important for a lawyer to know it's time.” Juxtaposing Biden’s withdrawal from the election, Seiden said, “There's nothing worse, in my mind, than a lawyer that doesn't realize it's time to stop. It is a terrible thing to watch, having been a lawyer almost half a century.” Despite only being 58 years old, David Kessler, name partner of Kessler Topaz Meltzer & Check, said he knew it was time to step away from practice once he achieved the three main goals he set at the start of his career: supporting his family, developing expertise in his practice area and earning standing in the field, and creating a legacy that can stand the test of time. "Once I hit all three of those things, that was the time for me to step away," Kessler said. "It was a goal of mine to be done at the age of 60. I never wanted to be the person sticking around or facing performance issues. It's never interested me. So I made this plan, spoke with my partners, and it's been in the works for some time. Now, we're ready to go and ready to face these new challenges." |
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The Significance In recent years, younger lawyers have demanded more work-life balance, but in prior generations, there was often an expectation to prioritize work, making the decision to step away even more emotionally fraught. That’s a hard habit to break, according to Dubois, when being a lawyer isn’t just a job, but an identity.
"It's who you are, it's what you do, it's how you define yourself, it's how people know you," he said. "And then, suddenly, you're going to turn off the lights and babysit your grandchildren? For a lot of people, that's kind of a hard stop."
Michael Rhodes, 66, of Cooley, said ego can get so tied up with that identity making it hard for some attorneys to let go. Rhodes has had the opposite reaction, wondering who he is, separate from that identity.
"It's sort of a hellish experience, because if you're not getting those constant interruptions, that means you're not very successful, right? And so you have all that anxiety. And if you are successful, you are being constantly interrupted," he said. "I want to have a little more space and freedom to think and operate and see if there's another chapter that's distinct from this one."
William Lee, 74, of Wilmer Cutler Pickering Hale and Dorr, said trial work is mentally and physically hard on litigators. "It requires a degree of mental and physical stamina that, at least for me as I'm in my 70s, was not something that I could look myself in the mirror and claim that I was sure that I had." Two years ago, Lee decided he had enough already, finding that watching his granddaughter’s soccer games was the best possible use of his time. Now, Lee is advising younger partners on strategy and handling appeals on his cases. He has outlined succession plans with 10 clients over the past few years. Attorneys need to have an idea who the next person to take up the reins will be, according to Kessler. "Our training motto has always been to teach somebody to replace yourself, and then you can move on to something bigger or different. If you're always fighting on who gets to do what, you're never going to grow the organization. Training to replace yourself is the way we've done it, and it worked extremely successfully over the years," he said. The Information Want to know more? Here’s what we’ve discovered in the ALM Global Newsroom:
The Forecast Exponential advancements in technology might ratchet up the pressure on older attorneys. Wilson Elser partner Andrew M. Epstein, 82, said technology can be a challenge at his age, but he learns how to deal with it. “I ask people to help … I don't like the technology, but I know that to some extent I have to use it,” Epstein said. John Morgan of Morgan & Morgan, which has developed its own legal software, said "Many firms and older attorneys who did not learn to practice using technology have faced challenges with keeping up.” "It's not a one-size-fits-all measurement. All attorneys and their ability to adapt to technology are different, regardless of age," said Morgan, who is 69. "It's beneficial when you supply your attorneys with the right technological tools and listen to what is most helpful to them, and then build a platform that can accommodate all of their needs to be successful." |
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| Alaina Lancaster is editor in chief for litigation, Law.com. Contact her at alancaster@alm.com. On Twitter: @a_lancaster3
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