Why do lawyers stay in practice for so long?

It’s rather uncommon for someone in their advanced years to describe themselves as a “former lawyer,” or “retired attorney.” Many people continue to practice well past the usual retirement age. According to an American Bar Association (ABA) report in 2023, almost 14% of lawyers are over the age of 65. That’s about twice the 7% of all U.S. workers who are in the same age group.

As senior lawyers stay on, younger lawyers might find it harder to integrate into firm environments. Let’s look at some reasons why attorneys often have a lifetime of practice and how younger professionals can adjust.  

Having the Lawyer Identity

For many older attorneys, being a lawyer is simply who they are. They worked hard throughout their lives building a career. Without exaggeration, the decision to stop being a lawyer can feel like a loss of identity. While some lawyers find it liberating to exit the profession, others experience a loss of self.

Staying Sharp

It’s also challenging to ask an attorney to step back from the profession but remain available to occasionally serve clients. Lawyers can quickly fall out of step with changes in the law and legal procedure. They not only risk embarrassment for being out of touch, but also might not provide optimal client representation. Staying 100% in practice might be the only way to retain those essential legal skills.

Senior Lawyers Are Still Capable

Although some attorneys might experience declining capacity as they age, many do not. It’s sometimes the case that an experienced 75-year-old lawyer is providing better client service than the burned out 50-year-old. It’s therefore not possible to make a hard-and-fast rule that attorneys lose their ability to serve the public once they reach a certain age. 

Even with this case-by-case discretion, asking senior attorneys to leave isn’t easy. Colleagues of respected senior lawyers might be reluctant to tell a valued member of the profession they might be losing their skills and should retire. 

Challenges of Closing a Practice

For a small firm lawyer, it requires many steps to close a practice. They have to manage the details of winding up a small business, as well as the ethical and legal considerations of leaving legal practice. It is critical to transfer open client files to other attorneys and properly deal with trust accounts. A non-practicing lawyer has no malpractice insurance, so faces barriers even to occasional advocacy work. Taking care of the details can bring it home to attorneys that they are giving up what has likely been the main focus of their life for decades.

Lawyers Often Lack Succession Plans

If a senior lawyer doesn’t want to close up shop, it’s not always obvious who can take the reins of a firm. Larger firms might have mandatory retirement ages, but lawyers might not abide by them. Small and mid-sized firms might lack any plans for partnerships, specifically what happens when a partner wants to retire or becomes incapacitated.

Law Firms Don’t Always Encourage Younger Lawyer Involvement

Paired with the lack of succession planning is the common problem of not bringing younger lawyers into leadership positions. Senior lawyers in firms of all sizes might bring in new clients without inviting a young attorney onto the file. This can pose a problem for clients who don’t have a lawyer from a new generation who can carry on once a senior member retires.

How Young Lawyers Can Navigate the Field

This can all sound like bad news for younger attorneys who are trying to make their own marks as professionals. There are some ways to better integrate into law firm culture and get on a path to leadership. 

Be proactive on files. Know the details of the cases you work. That way you can bring value to senior counsel.

Get to know senior lawyers. Ask seasoned attorneys for career advice. Consider inviting them to lunch to learn from their experience.

Do Bar Association work. Industry involvement increases your reputation within the legal community. This ups your chances for advancement when leadership positions do open. It also gives you more options if you choose to make a lateral move.

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