What You Need To Know About 'Respectful' Law Firm Succession Planning

No dinosaur lawyer -- in fact, no lawyer, at whatever career stage -- wants to be treated as having a 'sell by date.'

Last year, the ABA issued a report called, “The Path to Lawyer Well-Being: Practical Recommendations For Positive Change.” Did you know that the ABA had a task force on this topic?  Did you know that this report exists? I didn’t, but I think we can all agree that lawyer well-being is a worthwhile goal, perhaps not attainable, but worth pursuing.

The report contains a lot of information we already know and actions that we should have been taking for years. Just one such example: “foster collegiality and respective engagement throughout the profession” by promoting diversity and inclusion, creating meaningful mentoring, and sponsorship programs. (Do I hear gagging?) Acknowledging that the amount of recommendations can be seen as overwhelming, nonetheless, the report styles itself as a call to action, seeing the legal profession at a crossroads. Duh.

The part of the report that grabbed my attention was “Guide and Support the Transition of Older Lawyers.” Hmm… that would be us dinosaurs. In other words, let’s talk about succession planning, a phrase that strikes terror in the hearts of boomer lawyers, while millennial lawyers are more than ready to drive stakes through the hearts of boomer lawyers, ready to “throw momma from the train.”   (If you’ve never seen the movie, stream it. It’s hilarious.)

The report estimates that, in law firms, nearly 65 percent of equity partners will retire over the next decade. Millennials are not just waiting in the wings any longer; they are ready to pounce upon whatever opportunities are there for the picking.

While the report says that “senior lawyers can bring much to the table,” “at the same time, however, aging lawyers have an increasing risk for declining physical and mental capacity.” The report correctly notes that “few lawyers and legal organizations have sufficiently prepared to manage transitions away from the practice of law before a crisis occurs.” As a result, the report contends, there is “a rise in regulatory and other issues relating to the impairment of senior lawyers.”  So, as we dinosaurs become aged, infirm, subject to discipline, and apparently non compos mentis to a greater or lesser degree, the report suggests how to plan for the transition of older lawyers:

1. “Provide education to detect cognitive decline.” I do not know any lawyer who is also a psychologist, psychiatrist, neuropsychiatrist, or geriatrician trained to “detect cognitive decline.” And, by the way, how is “cognitive decline” defined? What are characteristics of cognitive decline? Whose standards are to be used? Is there a baseline determination? What type of education should be provided?

What may be one firm’s definition of cognitive decline (“Time to give Irving the heave-ho.”) may not be another’s (“Sue is still one of the best rainmakers we have and her clients love her.”). Who makes that decision? Should there be a universal standard for determining that?  Missing a lunch date (haven’t we all done that?) is definitely different than blowing a statute of limitations. And even then, that doesn’t necessarily indicate cognitive decline. It may be a very bad case of “whoops.”  Call the carrier, but not for a straitjacket.

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So, here’s my question: are we all going to become hapless Inspector Clouseaus trying to determine whether a colleague is in “cognitive decline?”

2. The report’s second recommendation is “develop succession plans.” Obvious, isn’t it? But how many law firms, solo practitioners, and corporate law departments are actually doing that? My sense is not that many.

Succession plans can take one of several forms: “work until you drop,” “I’m not introducing you to my clients because they’re my clients and my billables,” or some other reason. It’s hard to let go, and lawyers are not different than anyone else.

Why let go until it’s absolutely necessary, e.g., lawyer strokes out at the desk? Then what happens? All that knowledge, all that wealth of experience, all those contacts may be difficult to retrieve, and the client thinks, “What now?” That’s why it’s critical to have a succession plan in place, to introduce the successors to the clients, to show that transition will be seamless, and there is no reason for the client to fret.

That won’t happen if there’s no succession plan in place, and lawyers at other firms (as well as lawyers within the firm) may see this gap as the perfect opportunity to swoop down and pluck off those very valuable and lucrative clients. Please don’t tell me that’s never happened.

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3. The third suggestion is “create transition programs to respectfully aid retiring professionals plan for their next chapter.” Yes, we’re old. We don’t need to be told that. Yes, we have fewer years ahead of us than behind us. We know that, too. What exactly IS our “next chapter”? Couldn’t that be different for each one of us?

The key word in that suggestion is the adverb “respectfully.” It’s never easy to have difficult conversations. It’s hard when it’s a colleague, and even harder when it’s a colleague who is also a friend and you have spent many years together in practice.

In 2014, the New Mexico Supreme Court put together a succession planning handbook for the state’s lawyers.  It has checklists and sample forms and provides a framework for customizing a plan, regardless of your jurisdiction.

The handbook details several horror stories about what happens when there’s a lack of succession planning, not just for retirement, but for disability and death. If you don’t read anything else in this handbook, read those stories and make a plan. Don’t keep it a secret, whatever the size of your firm, be it solo, small firm, Biglaw, or any size in between.

The reasons for transition aside, no dinosaur lawyer — in fact, no lawyer, at whatever career stage — wants to be treated as having a “sell by date.” So, respectfully guide and support the transition of older lawyers. We dinosaurs may even thank you for it.


old lady lawyer elderly woman grandmother grandma laptop computerJill Switzer has been an active member of the State Bar of California for 41 years. She remembers practicing law in a kinder, gentler time. 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 dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.