PRESIDENT’S PAGE
Aging Issues Arise as the Bar Grows Older
Ten years ago, the median age of all members of the State Bar of
Texas was 48. Today it’s 49.
In 2019, we have 103,342 lawyers making up total bar membership, with
26,555, or 26 percent, being TYLA members.1 Ten years ago,
TYLA members accounted for 28 percent of all members.2
What’s going on?
Recent bar demographics tell the story.
Law school enrollments are down 16 percent over the past 10 years,
while the median age and years of experience for the Texas attorney
population is increasing.3
The aging of the profession raises a number of issues related to the
practice of law. Some of these were addressed in 2013 when State Bar
leaders created the Task Force on Aging Lawyer Issues, chaired by Past
President Terry Tottenham.
The task force issued a report in March 2014 with recommendations to
the State Bar Board of Directors—notably that continuing legal education
be mandatory for attorneys that practice past age 70 to ensure they stay
current in the law. Emeritus members—attorneys age 70 or older—were
previously exempt from CLE requirements.4
The board adopted the recommendation, and the Texas Supreme Court
issued a 2015 order amending the State Bar Rules to make CLE mandatory
for emeritus members, beginning with the compliance year that started
June 1, 2016.5
The task force also recommended that the State Bar offer reduced-price
CLE courses for attorneys age 70 and older. In addition to offering
reduced-price CLE for emeritus members through the TexasBarCLE Flash CLE
Silver Program, the State Bar offers scholarships to attorneys of all
ages who need financial assistance to attend TexasBarCLE courses. The
scholarships can be applied to attendance during one multiple-day live
or video replay course or up to two one-day live/video replay courses as
well as online classes and webcasts listed at TexasBarCLE.com.
Another part of the task force report received less attention but
bears mentioning. The task force recommended that the State Bar develop
educational tools to help the profession deal with cognitive
problems—which can turn into disciplinary cases—and the transition into
retirement. A webpage resulted at texasbar.com/aginglawyerissues
that offers videos, articles, and other resources.
The aging of our membership continues to raise questions in 2019.
By law, new lawyers enjoy a monetary break that all other active
members under age 70 don’t have. Members who are licensed less than five
years pay less in bar dues than all other active lawyers under age
70.6
Conversely, due to their classification as emeritus members, lawyers
age 70 and above pay no dues at all, although they still have full
access to State Bar member benefits and services.7 Candidates
in recent elections have campaigned on providing free CLE to emeritus
members—raising a question of whether access to free or reduced-price
CLE should be based on age or ability to pay.
I am currently exploring a “member benefits” initiative of using State
Bar technology to disclose and notify all emeritus members of free CLE
offered by all accredited CLE providers within this age group.
Finally, the bar must be careful to avoid any hint of age
discrimination prohibited by the 26th Amendment to the U.S.
Constitution.8 The denial of non-TYLA members the right to
vote in TYLA statewide elections was addressed in my January column and
is under review by your board of directors.
As always, I appreciate hearing from you and invite your questions,
comments, and suggestions at the email address below.
Joe K. Longley
State Bar President
2018-2019
Joe.Longley@texasbar.com
