Mental Health Awareness Month: Recognizing and Confronting Cognitive Decline with Civility

Many brilliant lawyers continue practicing well beyond retirement age. But, in recognition of May being Mental Health Awareness Month, it’s time to discuss how and why we should confront cognitive decline in our profession.

If you suspect a senior partner is cognitively impaired, what is your obligation?

According to this frequently published topic from the American Bar Association, “confronting cognitive decline early and thoughtfully can honor the senior lawyer’s legacy, protect the firm’s future and reflect the profession at its best.”

As pointed out by the ABA, waiting until a major error occurs can cause serious professional and ethical consequences. Law firm leaders have an ethical duty to ensure lawyers provide competent and diligent representation under professional rules.

So, let’s discuss the practical steps to support a senior partner facing cognitive challenges.

The ABA article stresses that concerns should lead to a professional medical assessment, rather than speculation or informal judgment.

A medical evaluation helps determine:

• Whether cognitive decline is present;

• The severity of the issue; and

• Possible treatment or accommodation options. 

The goal is understanding and support—not diagnosing a colleague.

Have the conversation thoughtfully

Effective conversations should:

• Be private, respectful, and fact-based;

• Focus on specific observations, not accusations; and

• Emphasize care for the lawyer and protection of clients.

Have evidential notes on missed deadlines, repeated confusion about facts, forgetting conversations, unusual irritability, mishandling trust funds, getting lost in familiar procedures, drafting errors inconsistent with prior ability, and, if it comes to it, repeated client complaints.

Because many lawyers’ identities are deeply tied to their work, discussions about stepping back can feel existential. The tone should be empathetic and collaborative.

Protect clients during the process

While discussions and evaluations are underway, firms must ensure:

• Client matters are monitored;

• Deadlines and obligations are covered; and

• Risk to clients is minimized. 

Client protection must remain the top priority.

Family involvement may become necessary

If the lawyer resists help or the decline worsens, involving trusted family members or support systems may be appropriate to encourage evaluation and transition planning.

Phased transitions preserve dignity

Rather than forcing abrupt retirement, the ABA suggests gradual role changes, such as:

• Reduced caseload;

• Advisory or mentoring roles; and

• Transition planning for clients.

A phased transition allows the lawyer to remain connected to the firm while stepping away from active practice. 

AL, TN and GA Lawyer Assistance Programs can help

State bar association Lawyer Assistance Programs provide:

• Confidential guidance;

• Referrals for evaluation; and

• Support for both the lawyer and firm leadership.

Confronting possible cognitive decline is one of the hardest professional and human situations in the legal field. It involves ethics, dignity, client protection, friendship, reputation, and often grief. The goal is not to “diagnose” or humiliate the person. The goal is to protect clients and the colleague while preserving as much dignity and autonomy as possible.

If you are uncertain, ask yourself:

• Is this isolated or patterned?

• Is client harm possible?

• Would I trust this person with a major matter today?

• Am I avoiding action because of discomfort or loyalty?

• What would I hope others would do if this were me?