Old People

Old Lady Lawyer: A Craigslist Ad That Needs Help

This ad is startling in the extreme.

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I had started to work on an idea (yes, I do have them, stop the snickering) for the column, when my ATL editor (yes, it has those) forwarded to me an email that (and I’m searching for the right adjective here) was startling (I’ll keep it clean) in the extreme.

Let’s stipulate that age discrimination is alive and well in the legal profession. That’s nothing new, given the shoves out of in-house jobs, Biglaw and elsewhere of those lawyers who are expensive, expendable, and underbillable. However, it’s rare to see it so blatant, as it is in a recent Craigslist ad for legal&paralegal. (Note that category.) I’ll not disclose the city where the ad was posted to protect the guilty, although I’m not sure why I should.

In any event, the headline in the legal & paralegal jobs ad is “*Young and Modern* Boutique and Brilliant.” The law firm describes itself as “fast growing, new and fresh….”

For those reading this, grinning and thinking that “young and modern” certainly applies to you, wipe that smirk off your face. The federal Age Discrimination in Employment Act protects any worker forty years and older. So, anyone is at the big 4-0 now or passed that marker decades ago, fits the description of an “older worker” under federal law and any existing corollary state law and is entitled to the protection that the Act affords.

There are so many code words out there for the reluctance to hire older workers. Blatant: “young,” “new and fresh”; “modern” may be a little more subtle. Substitute “set in her ways,” “not being up to date,” “doesn’t keep up with the new technology,” “old school,” “skills not a fit for the job,” for old. What about the words “dynamic?” “Energetic?” Code words for if you’re over a certain age, don’t bother to apply?

What is astonishing is that this is a law firm ad. Does no one in the firm know anything about employment law? Does no one in the firm care about the message this ad is sending? The ad doesn’t say what the practice areas area, but I’d advise them to bone up on employment law before some applicant sues it for discrimination in its hiring practices.

Being the curious type, I decided to troll Craigslist to see if there were other similarly blatant examples of ageism in law firm advertising. I randomly selected several locations, including the unnamed city where this particular ad originated.

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I saw the term “junior” and “entry level” in several headlines, but I think that can be argued that it applies to experience, and not necessarily to years. However, getting real here, the likelihood that a new admittee or lawyer of a certain age or older would be in the hiring mix is doubtful.

Another ageist example in another city, although targeted to the dinosaur contingent in the profession: I saw one headline for a “Semi-Retired Attorney? Keep Thy Saw Sharp.” Really? I am not making this up. If I need to keep my saw sharp, then I probably also need to keep my hammer sharp as well for purposes of nailing the other side.

My completely unscientific review concludes that the “Young and Modern” ad is pretty much an outlier; other law firms seeking help are more discreet. The problem for this firm and others that use such words as “young and modern” is that they’re violating the law, pure and simple.

The struggle in this profession, as well as many others, is the problem of letting go. In a Deal Book column in the New York Times, discussing law firm leadership and the lack of succession planning, the author pointed out:

Current firm leaders are largely boomer-era achievers and significantly older than their counterparts in corporations. Less than 5 percent of managing partners or their equivalents in the top 100 firms were born between the early 1960s and the early 1980s, the Generation X period. In comparison, almost 20 percent of Fortune 100 corporations and 30 percent of companies traded on the Nasdaq stock market have leaders in that generation, according to the research.

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Since the dinosaurs won’t cede power and control, the younger ones, following the adage that “if life gives you lemons, make lemonade” are saying, at least this law firm ad is saying, “we don’t want you old fogies to apply, much less be part of our team.” I get it. How else are they going to be the next generation of leaders in the profession if they don’t get experience in leading? Leaders aren’t born; they are made; thank you, Vince Lombardi (Google him).

Since I am a dinosaur, I remember the days, long before Craigslist, when the Help Wanted ads in the newspapers were segregated by sex: “Help Wanted Male” and “Help Wanted Female.” That assumed that women were only qualified to do certain jobs, while men had a much greater variety of positions available. Those days are far behind us, but using these kinds of code words is the 21st century version of that same discriminatory bias now geared toward a different protected class. The law firm ad couldn’t be clearer; old folks (however the firm defines that) need not apply. It’s “Help Wanted Young.” Any plaintiff’s employment lawyer interested?

Jill Switzer is closing in on 40 (not a typo) years as a active member of the State Bar of California. Yes, folks, California, that state west of the Sierra Nevada, which everyone likes to diss. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see old lawyers, young lawyers, and those in-between interact — it’s not always pretty. You can reach her by email at oldladylawyer@gmail.com.

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