Regulatory Issues

Lawyer regulators are addressing issues that accompany age-related impairments in a number of ways.  These include adoption and implementation of permanent retirement rules, and greater use the of existing “disability-inactive-status rules.” In some jurisdictions the term “permanent retirement” refers to an offer of retirement in lieu of discipline in circumstances where, for example, a client has not been harmed by a lawyer’s misconduct.  When necessary, the initiation of formal disciplinary proceedings and the issuance of disciplinary sanctions may be appropriate.   Compiled below are resources relating to the ways in which the lawyer disciplinary system is addressing regulatory concerns associated with the aging of the bar.

Rules and Policy

ABA Model Rules for Lawyer Disciplinary Enforcement

• Probation - 10(1.3)
• Alternatives to Discipline - 11(2.G)
• Disability Inactive Status - 23(5) 

CONNECTICUT: Connecticut Practice Book Section 2-55 and other requirements

ILLINOIS:  Illinois Supreme Court Rule 756(a)(8) 

INDIANA: Indiana Rules of Court, Rules for Admission to the Bar and the Discipline of Attorneys, Rule 2(d)and (e)  

OHIO: Ohio Supreme Court Rule VI, Section 7

Relevant Cases

• In re: Complaint of Judicial Misconduct (Judicial Court of the Ninth Circuit No. 14-90084, July 14, 2014

Reports

• National Organization of Bar Counsel/Association of Professional Responsibility Lawyers/ABA Commission on Lawyer Assistance Programs Second Joint Committee on Aging Lawyers Final Report(2014)

Articles

• Ready or Not-When Colleagues Experience Cognitive Decline (Cliff Collins, Oregon State Bar Bulletin, Nov. 2014)
• Cognitive Impairment a Growing Concern (CoLAP Café, Nov. 2014)