This article was published by the American Bar Association ©2026 and originally appeared in its GP Solo eReport (March 2026). Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
We thank Stephen Seckler for contributing the following article.
Summary
- When handled thoughtfully and early, confronting cognitive decline honors the senior lawyer’s legacy, protects the firm’s future, and reflects the profession at its best.
- Partners and managing lawyers have a duty to make reasonable efforts to ensure that lawyers in the firm comply with professional rules and provide competent and diligent representation.
- Many lawyers have built their identities almost entirely around their work. When work is threatened, everything feels threatened.
- A phased transition often provides a more humane path forward, allowing the senior lawyer to step back from active practice while preserving dignity and connection tot he firm.
Several years ago, a managing partner I worked with reached out to me because he was worried about one of his partners.
The lawyer in question had been his mentor, someone who had championed him early in his career, taught him the tricks of the trade, and helped to shape his professional identity. Over time, the managing partner began noticing subtle but unsettling changes: The senior partner was repeating stories, missing details, and making judgment calls that felt off.
Increasingly, he needed reminders to follow through on tasks. Staff noticed it too and began talking about the senior partner behind his back.
Nothing dramatic had happened. There were no missed statutes of limitations. No clients were complaining (yet). But something was clearly off.
What made the situation especially painful was the personal history. The managingp artner felt deep loyalty and gratitude to the senior partner. He had great respect for him. Raising these concerns felt disloyal and even mean-spirited. In addition, the changes were somewhat ambiguous.
Compounding my client’s discomfort was the senior partner’s life circumstances. His identity revolved almost entirely around the law. He had no spouse, no children, and no meaningful interests outside the firm. His work was not just what he did; it was who he was. The managing partner knew that for this senior partner, stepping back would feel less like a transition and more like falling off a cliff.
At first, the managing partner resisted fully acknowledging what he was seeing. But denial has its limits. The fact that he reached out to me for guidance suggested he already knew this was not a problem that would resolve itself.
We worked together on this for several months. Eventually, after a long, emotionally taxing process, the senior partner retired with dignity. Clients were protected. The firm avoided deeper harm.
Too many firms never get to this result (or not before something more serious happens).
[Note: For privacy reasons, this story is a composite drawn from multiple firms I’ve advised and from conversations I’ve had with several managing partners who have faced similar situations.]
Why Cognitive Decline Is So Difficult for Law Firms
Cognitive decline in a senior lawyer (or any attorney for that matter) sits at the intersection of ethics, firm culture, liability, and human vulnerability. It is one of the most challenging situations a firm can face, not because the rules are unclear, but because the human dynamics are.
Certain patterns appear repeatedly. The lawyer showing signs of decline is often a founder, rainmaker, or revered mentor. Other lawyers in the firm feel a strong personal debt. The lawyer may genuinely believe nothing is wrong. Family members may minimize concerns. And many firms lack clear policies or reporting structures to surface issues early.
Erin Higgins, the managing partner of Conn Kavanaugh in Boston and chair of the firm’s professional liability practice, has told me that senior lawyers are often able to compensate for cognitive changes longer than people in many other professions. That reality can delay recognition of the problem until risks have already begun to accumulate.
These challenges are intensified by a broader reality of the profession. Many lawyers have built their identities almost entirely around their work. When work is threatened, everything feels threatened. That emotional weight makes denial understandable, but it also makes delay dangerous.
Ethical Duties Leave Little Room for Avoidance
While these situations are emotionally complex, the ethical obligations are clearer thanmany firm leaders expect.
Partners and managing lawyers have a duty to make reasonable efforts to ensure that lawyers in the firm comply with professional rules and provide competent and diligent representation. Once concerns about cognitive functioning arise, the obligation to act is triggered. Waiting for proof of harm is not a neutral choice; it increases risk to clients and the firm.
Lawyers and ethics advisors consistently emphasize that staff are often the first to notice warning signs—missed deadlines, calendaring errors, billing inconsistencies, or breakdowns in communication.
Higgins has emphasized the importance of having reporting procedures in place before problems arise so that staff have a safe, clear pathway to raise concerns early.
At the same time, confidentiality about the partner’s health needs to be maintained.
The Importance of Medical Assessment
Before assuming cognitive decline, clinicians routinely stress the importance of medical evaluation.
Symptoms that resemble cognitive impairment can be caused or exacerbated by treatable conditions, including medication interactions, sleep disorders, depression, or metabolic issues. Without proper assessment, firms are left to speculate and risk, drawing incorrect conclusions.
Jeff Fortgang, a clinical psychologist with Lawyers Concerned for Lawyers (LCL, the lawyer assistance program in Massachusetts), has emphasized to me that neurological and neuropsychological assessments provide essential clarity. They help distinguish between reversible issues and progressive decline, and they give everyone—the lawyer, firm, and family—a shared understanding of what is happening.
Preparing for (and Having) the Difficult Conversation
Clinicians who work with lawyers caution against thinking of these conversations as confrontations. As Fortgang has explained, the goal is not to confront the person, but to confront the dilemma. The message is nuanced but direct: You are valued; your contributions matter; your experience still has meaning; and we all benefit from your wisdom. But we are concerned about some of the things we have been observing, such as [x, y, and z, etc.].
Those same clinicians often compare the process to a well-run addiction intervention, not because cognitive decline is the same as addiction, but because the structure is similar. A small group of people who matter to the individual delivers the message in a way that combines compassion with realistic firmness. How that is actually done will differ on a case-by-case basis.
Protecting Clients While Conversations Unfold
Experienced managing partners and ethics counsel consistently stress that client protection cannot wait.
Even while assessments and conversations are ongoing, firms should begin co-staffing matters, increasing oversight, and transitioning responsibility where appropriate. These steps are not punitive. They are prudent. They protect clients and reduce pressure on the lawyer at the center of the situation.
When Family Involvement Becomes Necessary
Whether and how to involve family members is one of the hardest judgment calls.
In some cases, spouses or adult children reinforce what the firm is seeing and provide crucial support. In others, family members resist acknowledging the problem out of fear or uncertainty. There is no universal rule.
Offering Dignity Through Transition
For many senior lawyers, the deepest fear is not financial. It is the loss of identity and purpose.
A phased transition often provides a more humane path forward, allowing the lawyer to step back from active practice while preserving dignity and connection to the firm. Allow the senior partner to be actively involved in succession planning so that clients understand that they will continue to get high-quality and uninterrupted legal representation (and that the firm and the partner see this as healthy for the client, the firm, and the senior partner who brought the client to the firm and has had the primary relationship).
Sometimes, the senior partner can move away from direct case responsibilities and into more of a consulting or mentoring role. That can give the senior partner space to give up some of the less desirable aspects of the practice (e.g., discovery, reviewing and drafting lengthy contracts, and being involved in conflict with opposing counsel). Sometimes, the partner in question can get involved in aspects of running the firm that don’t require advising clients directly (e.g., being a firm ambassador, getting involved in training, interviewing potential hires).
The Role of Lawyer Assistance Programs
Most states have lawyer assistance programs (LAPs) that provide confidential guidance on cognitive decline, mental health concerns, addiction, and stress. These programs understand the culture of the legal profession and can help firms think through next steps, plan conversations, and connect lawyers with appropriate clinical resources.
It is critical to get professional guidance in these situations. While LAPs can help, some firms will bring in private help. This is important because, as lawyers, we are generally not trained mental health professionals.
Leadership, Loyalty, and the Long View
Managing partners often ask when concern should turn into action. The answer, almost without exception, is “earlier than feels comfortable.”
The hardest part of these situations is not procedural; it is emotional. It is sitting across from someone who once guided you and acknowledging that the roles have changed. It is recognizing that loyalty does not mean silence. It is accepting that protecting someone’s legacy may require helping them step away before harm occurs.
When handled thoughtfully and early, confronting cognitive decline honors the lawyer’s legacy, protects the firm’s future, and reflects the profession at its best.
About the Author
Stephen E. Seckler, Esq., is President of Seckler Attorney Coaching. He is an award-winning coach dedicated to helping lawyers who want to achieve greater career satisfaction. Over the past 25+ years, he has guided hundreds of attorneys nationwide in their professional journeys. He coaches lawyers at all stages to find comfortable ways to build their practices. He has dedicated his own legal career to helping attorneys to advance their careers. Some of his clients are pursuing partnership or trying to find a better career fit, both in and out of the law. Some seek support in transitioning to in-house roles. His program, The Next Stage, is designed for senior lawyers who want to explore what comes next. Steve also collaborates with managing partners and general counsel who want to improve their leadership skills. With substantial experience in continuing legal education and recruiting, Steve brings a wealth of knowledge to coaching. He joined the Board of the Career Center of the American Bar Association in 2023. He has been hosting the Counsel-to-Counsel Podcast since 2018. His blog was twice named to the ABA Journal’s Blawg 100. Steve is the author of Think Like a Lawyer, Act Like an Entrepreneur which was published by the ABA in 2025. He is a member of the Mindfulness in Law Society. Outside of work, he enjoys behavioral economics, parody, squash, and sings with a rock choir. He is a proud father to three adult children including one who completed law school in 2025.
Related:
Cognitive Decline: What Every Lawyer Needs to Know About the Aging Brain [Webinar]
Reimagine, Refocus or Retire: The Next Stage for Senior Attorneys [Panel Discussion]
FUEL FOR THOUGHT: NUTRITION AND COGNITIVE WELLNESS FOR LAWYERS [Webinar]
