The Oklahoma Bar Journal April 2023

is incapable of practicing law are instituted by the OBA Office of the General Counsel and conducted in the same manner as disci plinary proceedings and are strictly confidential. Usually, the lawyer is subject to a mental health evaluation by qualified medical personnel. The lawyer may consent to the suspension or contest the same in a formal hear ing. If it is determined that the lawyer is incapable of practicing law, their license shall be suspended until reinstated by the Oklahoma Supreme Court.

The goal when assessing a senior lawyer’s ability to continue to practice law should always be to preserve the lawyer’s dignity while protecting the public and preserving the public’s confidence in the legal system.

status, the senior lawyer remains a member of the OBA but agrees to no longer practice law. Associate membership status. An OBA member of any age may request associate mem bership status based upon illness, infirmity or other disability. Associate mem bers are unable to practice law for the duration of their illness and must make an appropriate showing to be reclassified as active members. During the term of the associate status, the lawyer may not be engaged in the practice of law and is not required to pay annual membership dues. Suspension for personal incapacity to practice law. The Rules Governing Disciplinary Procedures sets forth the procedures for the suspension of a lawyer’s license due to being person ally incapable of practicing law due to a mental or phys ical illness. 3 Proceedings to determine whether a lawyer

illness. These lawyers are often in denial about any age-related issues affecting their legal skills and are resistant to discussing the same with others. Lawyers, judges, and family members are usually the first to notice when a colleague or contemporary is experiencing age-related impairment issues. Most are uncomfortable with confronting the lawyer with these concerns or reporting the same to the Oklahoma Bar Association. However, with early intervention, outcomes are usually better for both the lawyer and their clients. Options that serve to protect the public while maintaining the dig nity of the senior lawyer include: Retired membership status. Upon reaching the age of 70, an active member in good standing of the OBA may elect to be designated as a “retired member.” A retired member may not be engaged in the practice of law and is no longer required to pay annual membership dues. By electing to take “retired”

The goal when assessing a senior lawyer’s ability to continue to practice law should always be to preserve the lawyer’s dignity while protecting the public and preserving the public’s confidence in the legal system. Identification and early intervention are the keys to achieving these outcomes. Retired and associate membership categories afford senior lawyers a more palatable option to resign and often can avoid the need for disciplinary intervention.

ABOUT THE AUTHOR Gina Hendryx serves as OBA general counsel.

ENDNOTES 1. “NOBC-APRL Joint Committee on Aging Lawyers Final Report,” May 2007. 2. The OBA Office of the General Counsel received 198 formal grievances involving 151 attorneys in 2022. A formal grievance is one that, based upon the allegations, is designated for assignment to an attorney and investigator for formal review. 3. Rule 10, Rules Governing Disciplinary Proceedings, 5 O.S. 2021, Ch.1, App. 1-A.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

26 | APRIL 2023

THE OKLAHOMA BAR JOURNAL