I was at a professional meeting the other night which included friends I’ve known since I started practicing law. A couple were older then I am, another my age and others a little younger. As I looked around the room from my view point of seventy two years of age I was aware of our aging together as fellow trial lawyers.

I remembered an article I had read in the 1991 issue of California Lawyer about Melvin Belli entitled "Lion in the Winter." In his 80’s at the time, the article described the once famous San Francisco plaintiff’s trial lawyer in an unfavorable way who had not aged well. Married several times the article described a particularly bitter divorce late in his life in which he was fined $1000 and had imposed a gag order by the judge because he kept referring to his wife as "El Trampo" in the media that covered the divorce proceedings. In spite of that, a short time later Belli accused her publicly of cavorting with a phony English Lord and said "Lisa can marry this lord, but he can never make her a lady" and added it was worth another fine to say it. In addition, he was being sued for legal malpractice and involved in other lawsuits involving departed former law partners. Aging with dignity is a challenge especially for successful trial lawyers

I think the title "Lion in the Winter" is appropriate for old trial lawyers. Trial lawyers act like lions. The African lions live in a pride or group of fellow lions. They identify their territory by roaring loudly and marking the area. The females do the hunting and the males protect the territory. When the young male lion reaches maturity it leaves or is driven out of the pride to search for another pride which it must fight for the right to join. Older and injured males are driven out by the younger incoming males who then take over the females.

Here we are, older male trial lawyers in a somewhat similar position. Younger, very talented, lawyers obtain results which overshadow our previous achievements. We are slower in body and mind to some degree. The fire in the belly is not as hot as it once was. We are old warriors. Our problem is aging with dignity and not trying to stop the process, by pretending we are still young in dress, talk and conduct. I think there is a similarity between us and the old lions of the African Serengeti roaming together, driven from the herd, by younger stronger lions, in search of a place to live out their reminding years. The goal is to allow a natural process to occur in a normal manner while continuing to make worthwhile contributions.

As to retirement some wise observations have been made. John Davidson, the poet, once said: "The fires are out and I must hammer the cold iron." Louie Armstrong once said "musicians don’t retire. They stop when there is no more music in them." And Ben Hecht, the play write once wrote "When the eagle grows weary of flying, he dreams of returning to the chicken coop."