There has been an inter­est­ing dis­cus­sion about the issues related to the aging of the legal pro­fes­sion. Stephanie intro­duced us to the arti­cle “the Gray­ing Bar: let’s not for­get the ethics” by David Giacalone.

In short: sta­tis­tics about the increas­ing ratio of lawyers over 70 in active prac­tice, on the one hand, and the gen­eral inci­dence of Alzheimer’s and other demen­tias, on the other, lead David to point out an increas­ing like­li­hood that some lawyers may be prac­tic­ing in less than ideal con­di­tions for their clients, beyond a rea­son­able “brain age”. The ques­tion then becomes: who and how can solve this prob­lem, which is only going to grow given demo­graphic trends?.

We are not legal experts, but would like to inform the debate by offer­ing 10 con­sid­er­a­tions on healthy aging and job per­for­mance from a neu­ropsy­cho­log­i­cal point of view, that apply to all occupations:

1– We should talk more about change than about decline, as Sharon Beg­ley wrote recently in her great arti­cle on The Upside of Aging — WSJ.com (sub­scrip­tion required).

We dis­cussed some of these effects with Dr. Elkhonon Gold­berg, who wrote his great book The Wis­dom Para­dox pre­cisely on this point, at The Exec­u­tive Brain and How our Minds Can Grow Stronger.

2– Some skills improve as we age: In our “Exer­cis­ing Our Brains” Classes, we typ­i­cally explain how some areas typ­i­cally improve as we age, such as self-regulation, emo­tional func­tion­ing and Wis­dom (which means mov­ing from Prob­lem solv­ing to Pat­tern recog­ni­tion). As a lawyer accu­mu­lates more cases under his/ her belt, he or she devel­ops an auto­matic “intu­ition” for solu­tions and strate­gies. As long as the envi­ron­ment doesn’t change too rapidly, this grow­ing wis­dom is very valuable.

3– …whereas, yes, oth­ers typ­i­cally decline: Read the rest of this entry »