By Shelli Fedullo
Having reviewed medical records throughout my litigation career, I always visit my online chart after a check-up, and recently logged in. There was the standard “Review of Systems.” I was “alert and oriented x 3” (person, place, time) as well as “cooperative.” All good. Then I read “appears stated age.” Excuse me? Why not “patient appears remarkably younger than her stated age, so much so she should be studied”? Alternatively, reward me for being cooperative (or at least be polite) and leave it out.
Vanity, self- delusion, and wishful thinking aside, getting to be older is a gift. But, for those who remember when “Little” preceded Stevie Wonder’s name, age pops up with increasing frequency, sometimes impacting how we are regarded and treated. Having passed multiple chronological landmarks should serve to inform, but not to marginalize us.
Each generation may tend to believe that the world is solely of its own invention. Eventually, each generation tends to move into the “back in my day” phase. In other words, each generation may regard other generations as generally clueless. While these descriptions may be hyperbolic, they are not novel ideas. Many of us remember hearing about (or being in) “the generation gap,” a term introduced in 1967 by the editor of the now long defunct Look magazine. This popularized the sociological theory that was then the younger generation (now at the upper age range of “baby boomers”) pretty much rejected whatever their parents accepted. The theory and related study have evolved to include differences in values, preferences, behavior, and more, across multiple generations. We probably all know our demographic identifier. The concept of generational diversity is generally understood to reference the impact of having a wide range of ages represented in the same workplace. The legal professional workplace can span multiple decades and age demographics. Because most or much of our work involves lawyers outside our literal workplaces, let’s include them as well. Navigating generational diversity, without slipping into a generation gap, can be tricky.
A few years ago, after putting aside skepticism whether this was “real” diversity, I attended a program about generational diversity from both sociological and management perspectives. I gained insight into issues I had never thought about. I was generally unaware of the impact of generational differences in acquiring and processing information, in communication styles or possible strategies to address them. I had never considered that my standard way of giving a new assignment— meeting with an associate in their office or mine — could be less effective than starting with an email to outline what was needed. Talking while an associate took notes left room for miscommunication, misunderstanding, and (mutual) frustration. Meeting about an assignment after first reading and thinking about it was likely to lead to better understanding and the opportunity to ask for any clarifications needed. Although this approach is not an option when something unexpected and time sensitive requires immediate attention, otherwise it made good sense to me. This is only one representative example among the issues explored.
Getting back to the idea that passing chronological landmarks should inform us, think about your experiences as a young lawyer which fail to evoke fond memories, and avoid creating similar memories. This can be a tall order. Sometimes, even often, it is easy to resort to a version of “back in my day.” I have done this a fair number of times myself. Although some of our less pleasant experiences as young lawyers may have toughened us up, being in an inherently stressful profession is tough enough. We should have high expectations of our younger colleagues, and they should be expected to meet them. High expectations are not necessarily the same as reasonable ones. What is reasonable depends on the circumstances, but we should ask ourselves, for example, if we really need the assignment we gave on Friday afternoon by Monday. If not, consider/remember the frustration of having your work sit in an inbox (back in my day, a physical box on a partner’s desk) for a week, or longer, and only then getting feedback or being asked for revisions ASAP. Expressing thanks, acknowledging good work, and if necessary, using criticism as a constructive teaching opportunity, all go a long way. These ideas are only in the nature of “be nice to young lawyers” which has stand-alone importance. They contribute to better work products, productivity and associate retention.
In the more expanded view of the workplace, some, or even many, of us may share the experience of a far more seasoned lawyer attempting to pull rank or push us around. After decades, I vividly remember a lawyer, the head of his firm and significantly older, introducing himself in a call (placed by his secretary who then put me on hold) and immediately demanding to talk to whoever was “really in charge” of the case. When I politely replied that he was talking to her, he ended the call abruptly. This previewed what was to come. I was not intimidated, then or later during the litigation, but it was pointless, wasted time and energy, and not just mine. We have an obligation to set examples of professionalism in our dealings with younger colleagues.
Circling to where I started, a few brief thoughts about the marginalizing part of aging. It is unlikely I am the only (once young) lawyer ever to assume that a lawyer, decades senior, is not at the top of their game, or has no game left. Let’s be honest. This attitude is hard to disguise, and if you think you can, think again. It is both a mistake, especially if the lawyer is on the other side of your case, and a lost learning opportunity. Almost every seasoned lawyer you know or meet will be happy to share their experiences, offer their guidance and will welcome being asked.
The bows on top of the gift of getting older are our relationships. In wrapping up, thank you my dear, forever friend, and co-editor in chief, Niki Ingram.
Rochelle M. Fedullo is a former chancellor of the Philadelphia Bar Association, co-editor in chief of The Philadelphia Lawyer magazine and Of Counsel to The Weitz Firm, LLC.
