Aging in the Profession: Ethical and Professional Obligations

As the legal profession continues to age, with a growing number of attorneys practicing well into their later years, it is increasingly important to address the unique challenges and responsibilities that come with this shift. This program begins with an overview of the aging trends within the profession and why this topic demands attention from both an individual and systemic perspective.

The session provides a focused review of Rule 5.1, outlining the duty to report and the professional responsibilities of attorneys when concerns about a colleague’s competence or well-being arise. Viewers gain a clearer understanding of the disciplinary process, including what to expect, and will learn about alternatives to discipline, such as non-disciplinary suspension options that prioritize support over punishment.

In addition, the program explores how lawyers, colleagues, and firms can proactively support one another, recognizing signs of decline, starting difficult conversations, and fostering a culture of care and professionalism. A review of key resources and support will be included to ensure attendees leave with practical tools to help navigate these complex but critical issues.

Speakers

David Gutowski, Esq., Immediate Past Chair of the Lawyer Assistance Committee (NYSBA), Zdarsky Sawicki & Agostinelli LLP, Buffalo, NY

Roderick Quebral, Esq., Kenmore, NY

Stacey Whiteley, Director, Lawyer Assistance Program, New York State Bar Association, Albany, NY

Jennifer Clayton, Well-Being Program Manager, New York State Bar Association, Albany, NY