The Oklahoma Bar Journal April 2023

Although age alone is not indicative of dementia, advanc ing age is the greatest known risk factor for Alzheimer’s. The typical onset of Alzheimer’s is after age 65, and the likelihood of developing it doubles every five years after the age of 65. The risk reaches nearly 50% after the age of 85. Accordingly, there is a greater concern and risk of dementia as attorneys work into older age. As mentioned above, some instances of cognitive impair ment are reversible. Examples of reversible cognitive decline include certain medical conditions, alcohol/ drug use or situational stressors. However, the hard truth is that age-related cognitive decline is not usually reversible. And when that happens, the best resolution often involves ceasing the practice of law. Failure to use technology or forgetting how to use tech nology after being taught Forgetting deadlines, hearings or other important docket dates Missing meetings or calls despite them appearing on the calendar A decline in the lawyer’s writing and oral argument abilities Arriving to or leaving work at odd hours Forgetting colleagues’ and clients’ names Spotting Dementia in Lawyers As demonstrated above, for getfulness is only one indicator of dementia. Other signs, some spe cific to our profession, may include:

Misplacing things and losing the ability to retrace steps. Misplacing a file, a phone number or a set of keys may be frustrating and sometimes comedic, but persistent problems of this nature can snowball to the point that more serious errors may result. As the disease progresses, they may accuse others of steal ing the missing items. depressed, fearful or anx ious. This is particularly true when an individual is out of their comfort zone and out of their routine. Recognizing the difficul ties they are beginning to experience, individuals may withdraw from hob bies, work, social activities or other engagements due to their inability to hold or follow a conversation. Challenges in planning, people with dementia may experience changes in their ability to develop and follow a plan. Difficulty concentrat ing and taking much longer to do tasks than they used to are also signs of demen tia. Dementia can involve a deterioration in executive functioning, and the ability to develop a viable case strategy – much less the ability to carry it out – may become problematic. Withdrawal from work or social activities. problem-solving and abstract thought. Some Changes in mood and personality. Those with dementia can become confused, suspicious,

aids or other people for things they used to be able to handle on their own. The occasional slip is usually not a concern, but persistent, consequential memory problems call for some professional attention. familiar tasks. Difficulty driving to a familiar loca tion, organizing lists or handling routine tasks that used to be habit could all be signs of dementia. guage. Lawyers often have a way with words, both writ ten and oral. However, those with the beginning stages of dementia may have trouble following or joining a con versation, forgetting vocab ulary, repeating themselves, and they may stop in the middle of a thought without knowing how to continue. tation with place or time. People with dementia can lose track of dates, seasons and the passage of time. Obviously, counsel’s failure to know where and when to show up could be a signifi cant problem. These symp toms are often easy to spot and should be investigated promptly. Decreased or poor judgment. Significant changes in judg ment or decision-making are not normal signs of aging. A lawyer’s judgment and ability to make important decisions is a critical part of their job, and impairment from dementia can have cat astrophic consequences for the attorney and the client. Difficulty performing New problems with lan Confusion and disorien

Appearing disheveled Unexplained irritability and changes to mood or demeanor

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.

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THE OKLAHOMA BAR JOURNAL