THE GRAYING OF THE LEGAL PROFESSION . . . At f/k/a, David Giacalone has an interesting and thought-provoking (and very long) post titled "the Graying Bar: let’s not forget the ethics." Here's part of the problem that Giacalone addresses--

[I]n the vast hinterlands of legal practice in America (outside the realm of elite law firms) — where most lawyers toil and most clients are served — there are a lot of older lawyers who have failed to keep abreast of changes in the law, even in areas where they regularly practice.

For every sage jurist or lawyer who brings glory to the profession, we have all winced over (or smirked at) the courthouse lawyer who has overstayed his welcome in the profession.  What will the Bar do to protect our clients (and our profession) when the Overtimers greatly multiply in number over the next couple of decades?

Here's part of Giacalone's call to action--

[W]e need to help judges and lawyers understand that they have a duty to resign, retire, or withdraw from practice, when physical and mental disability poses a significant threat to their competence and diligence, and to the adequate performance of their duties to clients.

It's a weblog post worth reading. Link from Blawg Review #101 by Diana Skaggs at Divorce Law Journal.

Comments

[Jeff]

If the number of lawyers is growing faster than the general population, and new lawyers skew young, then shouldn't the percentage of old lawyers be falling?

This argument could/should apply to any number of professions. Who wants to take a chance with a 70 year old surgeon? Or pilot? Or President?

[David Giacalone]

Good question, Jeff. The demographers say the number of lawyers over 50 will triple in the next two decades. There was a huge explosion of the profession in the years when the immense Baby Boom generation was of law school age (and when going to law school was the default position for many college grads). The Boomers (and those in the prior generation) are staying in practice longer and longer -- both because they want to be active and because they cannot afford to retire (due to poor financial planning). In addition to other materials in the Graying of the Bar posting, see the profession's growth cannot overcome the bulge of Boomers and the widespread delay in retiring. See this report from Ontario on the Changing Face of the Bar for numbers and explanation.