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For the Well-Seasoned Lawyer, Age Discrimination Is Unlikely
Ellen Rosen. New York Times. (Late Edition (East Coast)). New York, N.Y.: Apr 10, 2005. pg. 10.1

Abstract (Summary)

In February, for example, Susan E. Shepard, 61, began work at the New York office of Nortel Networks as chief ethics and compliance officer, a newly created position that melds her experience in both government and private practice. Nortel, the Canadian telecommunications giant, certainly needed her help after an accounting scandal that resulted in investigations by Canadian officials and the United States Securities and Exchange Commission.

Intellectual property lawyers, like bankruptcy lawyers, are also finding a ready market. John E. Nathan, 62, says that when he became interested in patent law as a student at Yale Law School, his dean ''hauled me out of class and asked me why I'd want to work on this obscure area of law.'' But Mr. Nathan persevered and built up a successful career at Fish & Neave, an intellectual property firm in New York, representing consumer products companies, including Gillette in the ''razor wars'' with Schick (owned by Energizer Holdings).

Ms. [June Eichbaum] recognized the name, because Ms. Shepard had worked with Ms. Eichbaum's husband at the United States attorney's office in the late 1970's. Ms. Eichbaum looked at what Ms. Shepard had done in the intervening years. ''It was a perfect fit'' for the Nortel job, she said. ''And it was serendipitous.''

Full Text

 
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Copyright New York Times Company Apr 10, 2005

Is 60 the new 50? That notion seems to have taken hold in the legal market, where many lawyers over 60 are making career moves previously reserved for those a decade younger. New jobs, not retirement parties, beckon.

Fueling the trend are a number of forces, specialists say, including the expansions of firms to new cities, a demand for special expertise and a growing willingness to overlook age. ''People are healthier and heartier and there's a tremendous need for quality people,'' says Alisa F. Levin, a legal recruiter at Greene-Levin-Snyder in New York.

In February, for example, Susan E. Shepard, 61, began work at the New York office of Nortel Networks as chief ethics and compliance officer, a newly created position that melds her experience in both government and private practice. Nortel, the Canadian telecommunications giant, certainly needed her help after an accounting scandal that resulted in investigations by Canadian officials and the United States Securities and Exchange Commission.

She jumped at the chance to oversee ethics at the company. ''It's a dream job for me,'' Ms. Shepard said. ''I loved my clients and liked private practice, but it was an opportunity to work with a company, with C.E.O. Bill Owens, and an opportunity to create something that is meaningful.''

To be sure, not every firm or company will hire older lawyers at high levels. Many New York firms, for example, have a mandatory retirement age, says Edward Labaton, a partner at Goodkind Labaton Rudoff & Sucharow and chairman of the senior lawyers committee of the City Bar Association. ''It's virtually universal at large firms -- as early as 63, with most between 65 and 67,'' he said.

John J. Jerome, a well-regarded bankruptcy lawyer, voted for a mandatory retirement age of 65 at his former firm, Milbank, Tweed, Hadley & McCloy in New York. The policy, he says, ''is a good one because you need to make room for young ones coming up.''

When he reached that age in 1998, he opted not to become a senior consulting partner ''because I wanted to try some other things.'' He left and opened his own business consulting firm, focusing on reorganizations and restructurings. He eventually bought a share of the bath products maker Caswell-Massey. But in 2003, when that company was sold, he decided it was time to practice law again.

''While I might have joined another firm in New York,'' Mr. Jerome said, ''Milbank's retirement restrictions dictated that I only join a firm which did not have a New York office.'' Ultimately, he chose Saul Ewing, a large firm based in Philadelphia, with no New York office. Now 71, he divides his time among his new firm's offices in Philadelphia, Baltimore and Wilmington, Del.

Intellectual property lawyers, like bankruptcy lawyers, are also finding a ready market. John E. Nathan, 62, says that when he became interested in patent law as a student at Yale Law School, his dean ''hauled me out of class and asked me why I'd want to work on this obscure area of law.'' But Mr. Nathan persevered and built up a successful career at Fish & Neave, an intellectual property firm in New York, representing consumer products companies, including Gillette in the ''razor wars'' with Schick (owned by Energizer Holdings).

A few years ago, Mr. Nathan decided that he needed the resources of a large firm and left in June 2003 to join Paul, Weiss, Rifkind, Wharton & Garrison, a firm he had often worked with over the years. (The Boston firm Ropes & Gray acquired Fish & Neave last year.)

''My life didn't change at age 60,'' he said. ''The piles of paper that were on my desk at Fish & Neave are sitting here today. What changed is that I'm busier today than I've ever been.''

The career path of Harry J. Roper, an intellectual property litigator in Chicago, paralleled Mr. Nathan's. His boutique firm, founded in 1990, needed a big firm's resources to meet the demands of its expanding practice. Last year, his entire firm joined Jenner & Block of Chicago. ''Patent litigation has gotten bigger and more important, and we needed to have those resources'' that a bigger firm could offer, Mr. Roper, now 64, says.

Former judges also find it easy to join a new firm once their tenure has ended. E. Norman Veasey, who served for 12 years as the chief justice of the Delaware Supreme Court, was approached by several firms while still on the bench, but would field no offers. After stepping down in May 2004, however, he weighed his options and chose to open a Wilmington office for Weil, Gotshal & Manges of New York, where he now provides counsel on deals and litigation and advises corporate boards.

Retirement was not an option, Mr. Veasey, now 72, says. ''I never considered just quitting work and playing golf. It's better to wear out than to rust out.''

Lawyers who have made moves later in their career often say the transitions are easier than they expected. Mary F. Voce, for example, is a 61-year-old tax lawyer who had been a partner at two firms before moving to the New York office of Greenberg Traurig in June 2003 to head its international tax practice.

''There's always a bit of trepidation,'' she said, but she credits the firm with making an effort to integrate its new lawyers into the practice.

Similarly, Mr. Roper says that before joining Jenner & Block he ''expected there to be some bumps, but there weren't,'' in part because of the receptiveness of the lawyers and the amount of work they had.

While the hiring of more seasoned help has picked up, lawyers should not wait until they near retirement age to think about their next move. Ms. Levin, the New York recruiter, suggested starting to network several years in advance, developing contacts at other firms and corporations.

Sometimes even the most casual connections can lead to a new job years later. When June Eichbaum, a partner at the executive search firm Heidrick & Struggles, began gathering candidates for the Nortel job, she reviewed a list of people serving on several state ethics commissions. At the time, Ms. Shepard was on the New York State Board of Ethics.

Ms. Eichbaum recognized the name, because Ms. Shepard had worked with Ms. Eichbaum's husband at the United States attorney's office in the late 1970's. Ms. Eichbaum looked at what Ms. Shepard had done in the intervening years. ''It was a perfect fit'' for the Nortel job, she said. ''And it was serendipitous.''

[Photograph]
Susan E. Shepard, a lawyer, made a career move to Nortel Networks at age 61. Older lawyers, even beyond retirement age, are finding a receptive market for their skills. (Photo by Don Hogan Charles/The New York Times)

Indexing (document details)

Subjects:Attorneys,  Employment,  Age discrimination
Author(s):Ellen Rosen
Document types:Feature
Section:10
Publication title:New York Times. (Late Edition (East Coast)). New York, N.Y.: Apr 10, 2005.  pg. 10.1
Source type:Newspaper
ISSN:03624331
ProQuest document ID:819744311
Text Word Count1130
Document URL:

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