The Overlooked Diversity: Addressing Ageism in the Legal Profession

By Stephanie S. Germani, Esq.

In a society where diversity, equity, and inclusion initiatives are increasingly prominent, one form of discrimination remains largely overlooked: ageism. The recent webinar “Dialogue on Diversity: The Overlooked Diversity—Age,” hosted by the San Diego County Bar Association, shed light on this critical issue within the legal profession. The discussion highlighted the challenges faced by senior lawyers, the value they bring to the table, and the importance of integrating age into DEI frameworks.

Austin Lucas, Esq., the moderator of the webinar, emphasized the importance of addressing ageism, noting that “unlike other immutable characteristics, we will all enter this classification given enough time.” This universal aspect of ageism underscores its relevance to all professionals, regardless of their current age. Mr. Lucas also highlighted the societal neglect of seniors, stating that “we fear [mortality] and so we neglect our elders accordingly.” This fear contributes to ageism, which harms senior lawyers by reducing their income, impacting their mental health, and leaving their wealth of knowledge untapped.

Experiences of Ageism

Ageism in the legal profession can manifest in both overt and subtle ways. For instance, ageism often involves reacting to someone based on assumptions made because of their age. A small example is when a waitress calls you “dear,” indicating you’ve passed a certain age. In law, ageism can be more brutal, with managing attorneys or others saying that someone will never achieve their career goals due to starting late. “I have experienced outright ageism where managing attorneys or someone else has said to me, ‘You know you’re never going to be what you hoped you would be in law because you started out in mid-career,’” administrative lawyer Joni Halpern, who started law school at age 41, said. This kind of ageism affects not only career advancement but also mental health and overall well-being.

Retired criminal defense attorney Michael Crowley highlighted the softer forms of ageism in the legal profession, which often involve stereotypes about older individuals’ abilities. He pointed out that unlike some professions with mandatory retirement ages, lawyers face more nuanced challenges, such as being stereotyped based on age rather than being evaluated as individuals. This subtle form of ageism can be just as damaging, as it perpetuates the notion that age determines one’s capabilities rather than individual merit.

The Value of Senior Lawyers

Solo practitioner Janet Sobel emphasized the importance of recognizing the value of senior lawyers, stating that “we need to get away from the idea that DEI is just a list of marginalized categories and to instead try to express a goal and intention of the profession to include and embrace everybody.”

Despite facing ageism, senior lawyers bring invaluable experience and wisdom to the legal profession. With time, they develop a confidence and professionalism that is hard to match. Hon. Vallera Johnson, a retired administrative law judge, emphasized the confidence and professionalism that come with age. She noted that time allows for more focus and better handling of issues, as well as the ability to be more succinct and less worried about mistakes. “Time has answered a lot of questions for me,” she said, reflecting on her career.

The wealth of knowledge senior lawyers possess often goes untapped. Their survival in the demanding legal profession demonstrates qualities such as resilience and wisdom, making them excellent mentors for younger lawyers. 

Mr. Crowley discussed how ageism affects lawyers differently than other professions. He mentioned that lawyers face more subtle forms of ageism, such as stereotypes about their abilities. He also noted that senior lawyers like Judge Victor Bianchini, who is winning international fencing championships in his 80s, demonstrate the capabilities of older individuals.

Addressing Cognitive Decline Stereotypes

Mr. Lucas addressed the stereotype of cognitive decline among senior lawyers, pointing out that research shows they often have better attention and focus. Mr. Crowley added that cognitive studies indicate no one can truly multitask, and seasoned lawyers understand the importance of focus.

While cognitive decline may affect some lawyers, issues like anxiety and addiction are more prevalent among younger lawyers, Ms. Sobel said. She noted that being part of a marginalized group increases these challenges.

Technology and Senior Lawyers

Judge Johnson shared her experience with technology, noting that she was initially hesitant but eventually learned to adapt during her career, especially during the COVID-19 pandemic. She observed that many younger attorneys also struggle with technology, often needing assistance with basic tasks. “The secret is if you can’t get it to work, turn it off and try it again,” she humorously noted.

Senior lawyers have an advantage because they learned a lot before technology became prevalent. This balance between traditional legal skills and technology gives them a unique perspective and ability to navigate both worlds effectively. “Learning technology when we get it is sort of a balance of two worlds that really gives us an advantage,” Ms. Sobel said.

Intersectionality of Age with Other Forms of Discrimination

Ageism often intersects with other forms of discrimination, such as gender and race. Ms. Sobel discussed how her experiences with ageism were compounded by gender bias, noting that reactions from others were influenced by both her age and gender. Judge Johnson shared that, as a judge, she faced more challenges related to race than age, but acknowledged the societal issues that affect women and minorities.

Solutions and Initiatives

To combat ageism and leverage the strengths of senior lawyers, several initiatives were proposed during the webinar. Ms. Sobel is spearheading the creation of a “Senior Advisors” section within the San Diego County Bar Association. This section aims to provide a platform for senior lawyers to contribute their expertise to the legal community.

Mentorship programs were highlighted as a key solution. As Ms. Sobel noted, “Mentorship doesn’t have to just be having doughnuts and coffee, there’s no reason that that a firm couldn’t pay a senior lawyer to mentor one of their associates because not all firms have partners that have time to do that.” This mentorship can help bridge the gap between generations and ensure that the wisdom of senior lawyers is passed on while providing income-generating opportunities for senior attorneys.

The Role of New Lawyers

New lawyers play a crucial role in addressing ageism and integrating senior lawyers back into the legal community. By engaging with senior lawyers through mentorship programs and intergenerational dialogue, new lawyers can gain valuable insights and skills while helping to combat ageism.

As Ms. Halpern noted, young lawyers often spend significant time in the digital world, which can make it challenging for them to develop the confidence and sense of decency that comes from interacting with more experienced professionals. Senior lawyers can help elevate this sense of decency and provide a more holistic understanding of the legal profession. “I feel sorry for young lawyers because they are obligated by the exigencies of the culture and profession to spend so much time in the cyber world,” she said.

The Future of Age Inclusion

As the legal profession moves forward, it is crucial to recognize the value of senior lawyers and address ageism. By fostering intergenerational collaboration and expanding DEI to include age, the legal community can become more inclusive and effective. In the words of Judge Johnson, “Time gives us more confidence … makes us more professional and a lot more willing to move on.” It is time for the legal profession to tap into this confidence and professionalism, ensuring that age is no longer an overlooked aspect of diversity.

By valuing the contributions of senior lawyers and promoting intergenerational dialogue, we can create a more vibrant and inclusive legal community that benefits from the wisdom and experience of all its members, regardless of age. This shift will not only enhance the legal profession but also contribute to a broader societal change, where age is celebrated as a source of strength and wisdom.

About the Author:

Stephanie S. Germani, Esq. is a member-at-large on the San Diego County Bar Association’s New Lawyer Division. This article reflects on the March 13, 2025, webinar “Dialogue on Diversity: The Overlooked Diversity—Age.” Ms. Germani and Ms. Halpern share a similar path, both starting law school at age 41, but now represent different stages in their careers. This parallel underscores the evolving landscape of legal careers, where age and experience intersect in complex ways.