Introduction

The world has turned many times since I took the oath to become a lawyer in 1959. That year, the minimum wage was $1, gasoline cost $.25 gallon, and a loaf of bread was $.20. My law school graduation was in a movie theater in downtown Spokane. All of us graduating had attended night law school at Gonzaga from 7:00 pm to 10:00 pm Monday through Friday for the past four years. Most of us had jobs during the day while going to school. When I graduated, there were about 3600 lawyers in the whole state. The state bar association was run by a woman, Alice Ralls as the executive secretary of the Bar Association. She had graduated from the University of Washington law school in 1931 and essentially constituted the entire paid staff of the Bar Association.

Retirement is an issue all trial lawyers have to consider at some point in their professional lives. In spite of George Burns claim when in his 90’s: “Retire? I’m going to stay in show business until I’m the only one left” the issue is one that should not be ignored. Wise people have offered advice about dealing with the issue. Theologian William Barclay discusses it in his book of daily meditations, Day by Day. He writes about a time when he was considering retiring as pastor at his church. He discussed his indecision with a member of his congregation, and the man advised him: “It’s a wise man who knows when to lay down the wheelbarrow.”

Representing plaintiffs involves very hard work of long hours, intellectual effort, and adversarial challenges. It’s not for the frail or those of weak heart. Our clients deserve the best when we are the best. Anything less can be a disservice. Having the wisdom to know when to make a change can be very difficult. Clearly “when the fire goes out,” it’s past time to make a change. Unfortunately, the right time can often arrive when the passion is still present, but the physical and mental skills dictate its time. Instead, we continue to follow the advice of the Cheshire Cat in Alice in Wonderland, who told Alice she would get somewhere as long as she walks long enough. “It may not be exactly where you wanted to get, but you certainly get somewhere.”

My decision to retire after 55 years of practice was made after a lengthy jury trial resulting in an outstanding verdict for the client. Afterwards. I reflected on the experience, which I found challenged my physical energy and seemed harder work than the usual enjoyment I had in trials. I decided that I still had the majority of skills for trial, but not the energy for my kind of trials. I reflected on the fact that a trial is hard work with long daily hours. My friend, now deceased, Jan Peterson, once wrote me a note about his father Ted, who was one of the state’s outstanding plaintiff’s lawyers, deciding to retire:

“I always admired my dad’s decision to hang it up at age 57 because he wanted to quit on top and not sully his career by hanging on too long like some great former champions who became punching bags for up-and-coming challengers. So long as we have undiminished skills and the fire in the belly, there is no reason to quit what we do. But what we do also requires certain physical and mental strength and endurance because it is tiring, stressful, and intense. To that extent, it is a young man’s game, and our advantage of experience, savvy, and skills learned can only compensate for so far. A delicate balance. Aging gracefully, it seems to me, includes knowing when to quit rather than just failing or fading

away. The trick is doing so with grace and good humor, sharing one’s skills, wisdom (if any), with those who want to gain from it, and/or changing one’s role in life professionally and/or personally. Moving on, in other words, rather than “retiring”.

Those ideas captured my thinking. I thought that was very wise advice: to retire gracefully before retirement becomes involuntary due to health or other adverse circumstances. Seeing other well-known trial lawyers’ reluctance to adjust to their age and their physical or mental limitations made me decide to retire while I was still successful. I retired from the firm, resigned from the Inner Circle board, and became emeritus in my professional memberships. I’ve stayed active in legal writing, advising on cases, and have continued my interest in the law. I miss the challenge of trial, but not the toll it takes to stay on top of the profession.

Some lawyers proclaim that they will never retire, but, after a certain point in time, I think most, if not all, lawyers of dinosaurian vintage get tired — tired of the endless demands of clients; tired of the nonstop requirement of billable, receivables, and collectibles; tired of the endless routine of business development; tired of trying to explain to newbie lawyers why their “great case” isn’t so great, and why the case needs to resolve.

Factors Involved in Deciding Whether to Retire

Fearing Their Loss of Identity

1. Fear of Loss of Identity
For many lawyers who have reached retirement age, one of the most significant contributing factors to avoid withdrawal is the fear of losing their professional identity. Building a successful law firm takes many years, and it’s hard for them to step away from their profession and success. However, their legal identity completes them in every sphere and contributes to their standing in society.
This fear can easily be alleviated as you approach the age of retirement by taking an inventory of your personal life. This will help you find fulfilling replacements for legal work that will include intellectual stimulation, creativity, physical activities, and social life. These activities all give you a sense of purpose and usefulness that can be as fulfilling as the law.

2. Fear Feeling Irrelevant
A fear of feeling irrelevant is not unnatural among lawyers. During a legal career, law practitioners face some challenging cases. This anticipation of winning a claim for a client is both daunting and exciting, the type of thrill that is not easy to replace. If you are scared of leaving this behind, perhaps the best way to stay relevant is to reinvent yourself. Your knowledge and experience can prove helpful in many ways within your community, whether you decide to volunteer, take on freelance work, become an activist, or even take pro bono cases on your own or through legal services.

3. Fear of Change
Change causes fear in most people, but it can only be reduced if addressed. So, think about why you fear the changes retirement will bring and replace it with a bucket list of exciting experiences your obligations have denied you.

4. Financial Anxiety

Even very successful plaintiff lawyers sometimes worry about income unpredictability after retirement. Trial lawyers are accustomed to controlling their financial future through their work. Retirement means relinquishing that control, which can produce apprehension.

5. Emotional Attachment to Clients and Causes
Many plaintiff lawyers see their work as a moral mission—standing up for people who have been harmed. The fear can arise that retiring means abandoning that role or leaving unfinished work.
Factors to Consider in a Retirement Decision

Plan the Timing Carefully

Trial lawyers often remain effective well into later years, but retirement should ideally occur while still respected and competent, not after declining stamina or health forces the decision.
Questions to consider: Do I still enjoy the work? Do I have the energy for the demands of trial preparation? Am I practicing at the level my clients deserve? Leaving while still at the top of one’s reputation preserves a lifetime of professional credibility.

Transition Active Cases Responsibly

Plaintiff lawyers frequently have long-term contingent fee cases that may last years. Ethical retirement requires:

• Protecting client interests
• Informing clients about any transition
• Associating competent successor counsel
• Clearly documenting fee arrangements under the rules of professional conduct

Choose and Mentor Successors

Successful practice usually includes knowledge, case strategies, and client relationships developed over decades. Retirement becomes more meaningful when a lawyer Mentors younger attorneys and helps transfer skills and institutional knowledge. Also, introduce successors to referral sources and colleagues.
4 Choose a Gradual Withdrawal
Instead of stopping suddenly, many trial lawyers shift roles. This can involve moving from lead trial counsel to advisor; accepting fewer new cases; focusing on case evaluation or strategy and
Serving as consulting counsel or mediator. This gradual approach helps maintain purpose while easing the transition.

Preserve the Legacy of Practice

A plaintiff lawyer’s reputation often reflects decades of courtroom work and service to injured clients. Retirement planning may include such things as organizing case files and records; and documenting firm procedures. This allows the lawyer’s influence to continue even after active practice ends

Create a Meaningful Next Chapter

Trial practice often consumes most waking hours. Successful retirement requires replacing that structure with purposeful activities, such as Teaching or lecturing on trial advocacy; Writing articles or memoirs about the law, mentoring young lawyers, and public service, philanthropy, or pro bono work. The goal is not merely to stop practicing, but to redirect experience and wisdom in new ways.

Recognize That Identity Extends Beyond the Courtroom

For many plaintiff lawyers, the greatest challenge is psychology. The courtroom has defined its identity for decades. Retirement becomes easier when the lawyer recognizes that the qualities that made them effective—judgment, advocacy, empathy, and courage—remain valuable outside the courtroom.

Conclusion

In my situation, I made the change gradually. It started with changing years of practice, trying cases alone, and instead selecting qualified associates to try cases with me. I began delegating the pretrial motion practice to associates, resulting in a lot more free time to prepare for the trial. I also delegated pretrial depositions to the associate lawyer, except for those depositions that were of particular significance. The involvement of a qualified associate I could count on, created time for my reflection, planning, and saved time as well as energy. This gradual wind-down made it much easier to make a final retirement.
When I did decide it was time to retire, I made it a break with as little ongoing involvement in the law firm as possible. I also changed my involvement in professional organizations from active to Emeritus. I had observed too many outstanding lawyers who stayed involved in their firm or professional organizations beyond the time it was beneficial for either.