The good news is that you are a partner at a law firm; unfortunately, in certain instances, it is also the bad news. While that fellow in the mail room who is terminated because of his age can successfully sue the firm for age discrimination, a law firm partner cannot. Your 35-year-old managing partner could literally say: “Tom, you’re too old, you had a nice run, but it’s time to leave,” unceremoniously show you the door, and, if you are deemed to be a partner, it is just too darn bad.
Partners who believe that their firms have treated them discriminatorily have recently had some limited success in pursuing claims under federal and state antidiscrimination statutes.1 A very recent Third Circuit case concerning a law firm shareholder claim against a professional corporation, Kirleis v. Dickie, McCamey & Chilcote, P.C.,2 offers some further insight into such claims and their continued difficulties.
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