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The Mentality and Attitudes of Lawyers

On Being an Old White Guy Commenting on Legal Issues

I got into a bit of a dust-up with a lawyer on LinkedIn the other day. She wrote something that I did not agree with, which was clothed in reverence for human rights, so I countered with my usual intelligent and incisive commentary, informed by my long history in the legal profession.

My comments were not that of a whacko. They actually made some sense.

Her response to my commentary was dismissive and insulting, suggesting that I was simply a privileged old white guy with nothing pertinent to say.

I am, in fact, an old white guy, and I have referred to myself as such. For example, I wrote an article titled, “A Feminist Rant from An Old White Guy.” In that article I referenced myself as “an old white guy” to emphasize that even we old white guys should be feminists. But just as certain racial epithets can be tossed around by members of the affected group but not by the rest of us, I do not appreciate being called an old white guy by people who are not old white guys.

Some other time I may want to write about insulting people by calling them “white” (all the more interesting because the person who hurled that at me is white herself.)  But today I am railing against being called “old” to delegitimize my argument. That kind of bugs me, because casual ageism appears to be a thing that is gaining traction among the younger generation, epitomized by the slogan, “OK Boomer.”

Now, I get that we old folks have screwed up the world, as did our parents and the generations before them. (Not that the younger generations now taking charge in politics and technology are doing much better.)  But just as it is wrong to paint every member of a younger generation with the same negative stereotypes, neither is it acceptable to do that to older people.

So, to sum up: If the old folks are wrong, it is fair game to point that out. But telling them that they are wrong, and that their insights are irrelevant, simply because they are old is just as bigoted and intellectually lazy as any other racist or gendered slur. If you are going to adopt the appearance of moral and intellectual superiority when it comes to equality and human rights, you should back it up with some modicum of integrity and consistency.

The casual ageism which seems to be gaining acceptance in the legal community extends well beyond the clash of ideas on social media. I see it in law firms, where the assumption is made that older folks have nothing left to contribute, are incapable of adapting to technology, have milked their firms for years, and should just get out of the way. All of this is true sometimes, just as negative characterizations of every identifiable social group are true of some of their members. But if we say these things about some groups, we are rightfully condemned as racists, misogynists, or bigots. If we say them about old people, it seems to be okay. Well, this old white guy is calling bullshit!

This article was originally published by Law360 Canada, part of LexisNexis Canada Inc.

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