THEY LABORED LIKE LIONS AND PRODUCED A MOUSE

            At the recent ABA meeting, the wise heads that strive to preserve the virtue of the legal profession came up with a recommendation that law firms reject mandatory retirement programs, which are illegal in other industries.

What struck me was that they came up with the lesser solution to the greater problem, which, is, I think, the question of judging a lawyer’s capabilities by his or her age, rather than by capability. .

As a former young guy who is now one of those older guys, I can remember what I knew and could do as a younger man, and know now that I can still stay ahead of the curve, mentally as well as physically, as an older one. A stupid lawyer at 30 will be a stupid lawyer at 80. A smart lawyer at 30 will be a smarter one at 80 (which, I’ve been told, is the new 39).

Hey, ABA – you want to serve the profession?  Reexamine this whole age thing. In no trade, profession, or occupation can you reside in old paradigms. Maybe before the time of enlightened health concerns and exercise regimes,  under which a person over 65 was thought to have diminished physical and mental capacities, but not now.  I’ve been a fencer all my life, and won my share of medals – and I still do it. I even sometimes beat the guys I fence with every week, two of whom are former national champions and one of whom was an Olympic medal winner. And if you read this  blog and The Marcus Letter, as well as the myriad articles I still write, you can judge for yourself  whether or not I’ can still stay ahead of the curve. And I know a lot of lawyers, doctors, accountants, and others who are my age and older, and are still smarter and sharper than most people, including me.

If you want to talk about the old saw about making room for the younger folk as they come up the ranks, I suggest that it’s a specious argument. If your firm is growing, there’s lots of room. If it’s not growing, does it really matter about who stays and who goes?

Are law and accounting firms farmers, putting the old livestock out to pasture? Not likely. But using old views of people in today’s environment is not too bright either. Maybe the ABA (and probably the AICPA as well) need to reexamine the profession in light of today’s realities – current and future.  And then, at least, the mouse can roar.