Ageism in Law Firms? "Not So Fast," Says One Firm Chairman

Recently, placing age limitations on law firm partnerships has been one of the legal industry’s most discussed topics.  Arnold & Porter in particular, has come under fire from opponents of this practice and this high profile issue, combined with a slew of other discrimination lawsuits in the legal profession, should cause law firms of all sizes to closely examine their policies regarding age, not only from a legal perspective, but also with an eye toward the long-term health of their firms, says Bryan Schwartz, chairman of Chicago firm Levenfeld Pearlstein LLC. 

“While I have heard many opinions on this topic, not a single one has been in favor of the difficult yet responsible position that Arnold & Porter has taken, which is essentially that law firms must either evolve or die,” Mr. Schwartz says.  “I happen to agree with Arnold & Porter’s policy, which really deals with the stage and succession issue that all firms face, and imposes a deadline that ensures the firm will move things on to the younger generation.  We are a society that hates '-isms', and most of that visceral reaction is warranted, however, at some point businesses need to let the next generation of leaders step up and take their place running the firm.” 

Mr. Schwartz continues: “One has to know when they have played their best game and make room for the next generation.  Although Baby Boomers have done great things for this country, we also tend to be exceedingly selfish in this regard.  Many have painted themselves as the victims of ageism rather than calling it as it is, which is a desire to stay on the stage after the show has already had multiple encores.  Much as there is a circle of life, there is also a circle of career and the refusal of the older generation of attorneys to recognize this does not make them victims.  I am a huge fan of respect for elders, but respect is a double-edged sword.  The older generation must also respect and care for those that come after them.”

Mr. Schwartz is available for interviews or to author a guest article on succession issues facing law firms. [05/27/2010]