A recent New York Times article highlighted the phenomenon of older attorneys, especially partners being eased out of law firms in favor of younger, more “edgy” lawyers.

“All the rules have changed,” said a longtime New York executive recruiter, Richard Stein of Caldwell Partners. “In a market that’s become extremely lean and mean, these individuals who have tended to be the senior statesmen of their day are sometimes the first to go.”

Even as old notions of professional courtesy and obligation erode, so too has the quiet acceptance of traditional, mandatory retirement ages. Twice in recent years the Equal Employment Opportunity Commission has sued top law firms, accusing them of discriminating against older partners, and a closely watched case now under way could make it even harder for firms to dislodge aging lions.

But are older attorneys really being pushed out of law firms because of their age as opposed to other factors?  Some argue that if they are being pushed out it is not always solely because of their age, that sometimes it is because they are no longer performing at the level expected of someone in their position or salary.  The reality is that there is age discrimination faced by older attorneys, especially partners who sometimes must give up their seat to a much younger lawyer. However, there are usually two major ways of minimizing the chances of suffering from age discrimination when age is not the only issue:

• Create niche skills that are hard to find in a younger attorney, while making sure you remain on top of the latest changes in the legal industry. One of the mistakes that older attorneys make is failing to remain contemporary in their knowledge and methods.
• Create strong relationships with clients so that they prefer working with you.  The most important thing any attorney can do is transform themselves into a lynchpin, the part of the team which is integral to its success.