Florida lawyers considering retirement have options and need to study the rules and choose wisely
'We see way too often people within law firms who do not retire soon enough'
When veteran Lawyer Regulation Director John Berry retired from The Florida Bar in 2019, he set his sights on an 11-day Alaska adventure.
Three days into it, life intervened with a serious back injury, an air ambulance ride, and a hospitalization.
Retirement is never exactly what the retiree expects, Berry said.
“It’s like a carousel, spinning around and around, and all of a sudden, you get thrown off,” Berry said. “It has an impact on who you are, and it’s important to start thinking about it before you retire.”
Elizabeth Clark Tarbert, The Florida Bar
Berry and his successor, Lawyer Regulation Director Elizabeth Tarbert, offer important advice in the latest Senior Lawyers Committee CLE, “Transition to Retirement: When Should a Lawyer Stop Being a Lawyer?”
Many lawyers are unaware there are different forms of retirement, Tarbert says, and too many older lawyers hang on for too long, says Berry.
“We see way too often people within law firms who do not retire soon enough,” Berry says.
Unlike an airline pilot or Supreme Court justice, there is no mandatory retirement age for a Florida lawyer.
Bar members who remain current with annual fees and with CLE requirements, and otherwise meet the definition of “member in good standing” under Rule 1-3.2 (a)(1), are eligible to practice law. Retirement is a process that is governed by Rule 1-3.5 and involves petitioning the executive director. The petition can be accepted or denied, Tarbert says.
A Florida Bar member who is considering retirement has options and needs to study the rules and choose wisely, Tarbert says.
If the motive for retiring is to avoid disciplinary action, think again, Tarbert warns.
“A lawyer who is retired can still be disciplined by The Florida Bar,” she said.
A lawyer who petitions for “permanent retirement” is essentially crossing a Rubicon.
“Rule 1-3.5, sub (B), says a lawyer can permanently retire from The Florida Bar, the same as a lawyer who regularly retires, but cannot be reinstated,” Tarbert says. “A lawyer who has that petition accepted will never be a member of The Florida Bar again.”
A lawyer who opts for regular retirement may petition the executive director for reinstatement of membership under Rule 1-3.7 for up to five years after they retire.
Reinstatement differs significantly from “readmission,” which requires approval by the Florida Board of Bar Examiners, and a big reason why it’s important to read the rules carefully.
Chapter 12 of The Florida Bar Rules contains a narrow exception for lawyers who want to participate in the “Emeritus Lawyers Pro Bono Participation Program.”
An emeritus lawyer may be permitted to file court papers signed by a supervising attorney, draft legal documents, or give advice at a walk-in clinic.
But emeritus lawyers must be careful to announce their status to the court and all parties.
And like all retired Bar members, “they have to be careful not to represent themselves as members in good standing,” Tarbert says.
That includes being careful with business cards, letterhead, and other professional indicia.
“If you say ‘Esq’ or ‘TFB member,’ you have to say that you are retired,” Tarbert said. “Again, to avoid having the public think that you are eligible to practice law.”
Navigating the rules of retirement can be easier than experiencing the reality of retirement, Berry warns.
“Don’t expect the same deference or respect that you had as a member of a law firm. You’re not going to get that anymore.”
Changing a daily routine after 40 years is a major challenge. Retirement has a big impact on relationships, Berry said.
“When you retire, you’re going to be spending more time with your spouse than ever before,” he said. “That may be a good, or not a good thing.”
There’s nothing wrong with examining those relationships before retirement, even if that means seeking counseling, Berry said.
“If you’re having trouble with those relationships, start dealing with them before you leave,” he said.
