Retired Attorneys: Can They Still Practice Law?

Retirement from the practice of law is a topic that many attorneys will have to consider at some point in their careers. While some attorneys may choose to fully relinquish their law licenses and revert to layperson status, others may opt to maintain their licenses but shift their focus to pro bono work or other law-related pursuits. The path chosen often depends on the individual's reasons for retiring and their plans for the future. In some states, like Ohio, attorneys have the option to register as inactive if they are considering returning to the practice of law at a later date. In New York, attorneys can certify that they have retired from the active practice of law, which relieves them of certain obligations like biennial registration fees. Understanding the options available and planning for retirement are essential steps for attorneys to take as they approach this new phase of their lives and careers.

Can a retired attorney still practice law?

Retiring vs. resigning from the practice of law

In the state of Ohio, the retirement or resignation of an attorney from the practice of law is final and irrevocable once accepted by the Supreme Court of Ohio. Attorneys who wish to surrender permanently their ability to practice law in Ohio should seek retirement or resignation. However, those who intend to resume practising law in Ohio at a later date should consider registering for inactive status instead. This status allows attorneys to stop practising law without surrendering their law license. To return to active practice, an attorney with inactive status simply needs to file a new certificate of registration and pay the applicable registration fee.

Attorneys who wish to retire or resign from the practice of law in Ohio must file an application with the Supreme Court Office of Attorney Services. The application consists of two parts: an affidavit and a confidential report from Disciplinary Counsel. The Supreme Court will review the application and may accept it as a resignation, retirement, or make another determination such as denying the application. If the application is accepted as a resignation, the attorney's registration record will be marked as "resigned, with disciplinary action pending", indicating that the attorney could have faced disciplinary sanctions but for the resignation. On the other hand, if the attorney's application is accepted as a retirement, their registration record will not bear any such disciplinary indication.

While the terms "retiring" and "resigning" are often used interchangeably, there are subtle differences between them. "Resigning" typically carries a more formal connotation and is usually followed by human resources processes, such as providing ample notice and participating in an exit interview. In contrast, "quitting" usually implies an immediate departure without formal notice and is often associated with negative circumstances surrounding the departure. Nevertheless, both resigning and quitting refer to the voluntary act of leaving a position.

In the context of attorneys, "retiring" and "resigning" have distinct implications. Resignation from the practice of law is typically pursued when an attorney wishes to permanently surrender their law license and revert to layperson status. This may be due to various reasons, such as the desire to engage in work that is considered the practice of law when done by a lawyer but not when done by a non-lawyer, such as mediation. On the other hand, retirement from the practice of law may allow attorneys to retain their exempt or inactive status, no longer practising law while still holding their law license. This option provides attorneys with the flexibility to potentially return to active practice in the future.

Reinstating a law license after retirement

In the state of Ohio, attorneys who have registered for "retired" status can change their registration status to "active" or "inactive". However, they will not be allowed to return to "retired" status. To do so, they must follow the procedures set forth in Gov. Bar R. VI, Sec. 11, to retire from the practice of law. Attorneys who wish to stop practising law in Ohio, with the option to resume their practice at a later date, should consider registering for "inactive" status. This can be done by filing an updated certificate of registration. To return to practising law, attorneys must file a new certificate of registration for active status and pay the applicable registration fee.

In Iowa, attorneys who wish to participate in work that is considered "the practice of law when done by a lawyer, but not when done by a non-lawyer", such as mediation, must keep their law licence active. If they relinquish their law licence, they can no longer practise law and must either retake the bar exam or apply for admission on motion.

In California, it is possible to have an inactive law licence that can be reactivated. For example, California's Attorney General, Jerry Brown, had an inactive law licence, which he reactivated when he decided to run for Attorney General.

The benefits of pro bono work in retirement

While retirement from the practice of law is typically final and irrevocable, some retired attorneys may choose to retain their law license and continue to engage in legal work that does not constitute the practice of law, such as mediation. For those who wish to remain actively involved in the legal profession, pro bono work offers a valuable opportunity to stay engaged and make a positive impact. Here are some key benefits of pro bono work for retired attorneys:

Sense of Fulfillment and Giving Back to the Community

Pro bono work allows retired attorneys to continue using their legal expertise to help those in need. By offering free or low-cost legal services, retired attorneys can make a profound impact on the lives of individuals facing challenges such as asylum and immigration issues, housing problems, or even death row petitions. This not only benefits the clients but can also bring a sense of fulfillment and satisfaction to the attorneys, reminding them of their initial motivation for pursuing a career in law.

Staying Active and Connected to the Legal Profession

Engaging in pro bono work enables retired attorneys to maintain their professional status and stay connected to the legal community. It provides a sense of continued contribution and allows retired attorneys to stay intellectually engaged and active, utilizing their extensive knowledge and skills. Pro bono work can also help retired attorneys expand their professional networks and stay up-to-date with legal developments, fostering a smooth transition into retirement.

Personal Growth and Skill Enhancement

Taking on pro bono cases can expose retired attorneys to new areas of law and different types of legal work. This exploration can lead to personal growth and skill enhancement, even for seasoned professionals. By working directly with clients and gaining hands-on experience, retired attorneys can broaden their legal perspectives and discover new areas of interest within the field.

Mentorship and Knowledge Transfer

Law firms benefit from the involvement of retired attorneys in pro bono activities as it allows for knowledge transfer and mentorship opportunities. Senior lawyers can play a crucial role in training and guiding the next generation of attorneys, sharing their wealth of experience and expertise. This not only enhances the capabilities of the firm but also contributes to the professional development of younger lawyers.

Flexible Work Arrangements and Compensation

Pro bono work often offers flexible arrangements, allowing retired attorneys to balance their time and commitments. Retired attorneys can choose the extent of their involvement and may even be compensated for their contributions, albeit at a different rate from their pre-retirement salaries. This flexibility ensures that retired attorneys can maintain a healthy work-life balance while still staying connected to the legal profession.

Opportunities for retired lawyers to remain involved in the bar

Retirement from the legal profession can take many forms. Some attorneys may choose to fully relinquish their law license and revert to layperson status, while others may opt for inactive status, which allows them to retain their license without actively practicing law. This option provides flexibility, as attorneys can resume their practice by fulfilling certain requirements, such as paying applicable fees and completing any necessary education.

For those who wish to remain involved in the legal field, there are various opportunities to explore. Emeritus lawyer programs, legal aid initiatives, and hospice organizations offer avenues for retired lawyers to contribute their expertise. Additionally, court pro se programs and limited scope representation options enable retired attorneys to provide legal services on a more limited basis.

Retired lawyers can also explore alternative dispute resolution roles, such as neutral arbitrators or mediators. However, as New York lawyer David J. Abeshouse cautions, these roles require dedicated preparation and should not be viewed as casual post-retirement pursuits. Planning and skill development are essential for success in these roles.

Bar associations, such as the ABA, often have dedicated sections for senior lawyers, providing opportunities for retired attorneys to remain involved and tackle issues pertinent to an aging population and aging lawyers. These groups offer a platform for retired lawyers to remain engaged and contribute their unique perspectives and experiences.

Additionally, retired attorneys can consider pursuing passions outside of the legal field, such as writing, speaking, or teaching. Sharing their legal knowledge and insights with law students or aspiring lawyers can be a rewarding way to stay connected to the legal community while exploring new avenues.

The process of retiring or resigning from the practice of law

Retiring vs. Resigning

Retiring from the practice of law implies a permanent cessation of legal practice, often with no intention of returning to active status. On the other hand, resigning can leave the option open for a potential return to legal practice in the future. Attorneys who wish to permanently surrender their ability to practice law in a specific state would typically choose retirement. Those who want to retain the option to resume their legal practice in that state later would opt for resignation.

Inactive Status

Attorneys who are considering a break from legal practice but wish to preserve the option to return may choose to change their registration status to "inactive." This option is revocable, allowing attorneys to stop practising law without fully surrendering their law license. To qualify for inactive status, attorneys must satisfy specific criteria, which may vary depending on the state or governing body. For example, in Ohio, Gov. Bar R. VI, Section 5 outlines the requirements for inactive status.

Steps to Retire or Resign

• Application: Submit an application to the relevant governing body, such as the Supreme Court Office of Attorney Services. This application may consist of an affidavit and other supporting documents.
• Review: The governing body, such as the Supreme Court, will review the application, along with any additional reports or recommendations, such as those from Disciplinary Counsel.
• Acceptance and Designation: The governing body will then decide to accept or deny the application. If accepted, they will designate the attorney as "retired" or "resigned," with the possibility of additional notes, such as "with disciplinary action pending."
• Finalisation: Once the retirement or resignation is accepted, it becomes final and irrevocable. At this point, the attorney is no longer permitted to engage in the practice of law unless they reinstate their license.

It is important to note that the specific process and requirements may vary depending on the state or jurisdiction in which the attorney is licensed to practice law. Additionally, there may be unique considerations for attorneys who registered for "retired" status prior to specific dates, as outlined in some state-specific guidelines.

Leaving a Law Firm

Beyond the official retirement or resignation from the practice of law, attorneys also typically go through the process of leaving their law firm. This includes providing notice, writing a resignation letter, participating in exit interviews, and ensuring a smooth transition for ongoing cases and clients.

Frequently asked questions