The Risk Lawyers Rarely Plan For
Most lawyers assume their careers will end on their own terms. Retirement is something we plan for years in advance. Few of us plan for the possibility that health issues might force us to step away much earlier than expected. Disability can interrupt a legal career at any time.
When that happens, the impact is not only financial. It is both professional and personal. Lawyers often define themselves by their work. Losing the ability to practice in a traditional, sustained role can feel like losing part of your identity.
I learned this firsthand when ongoing health issues made it impossible for me to continue in firm practice. What I discovered, however, is that stepping away from traditional employment does not necessarily mean stepping away from the profession entirely. With planning and realistic expectations, there are still ways to remain connected. Just as importantly, there are steps lawyers should take early in their careers to protect themselves financially if disability occurs.
A Nontraditional Background Helped
My career has never been limited to one type of legal work. Before entering firm practice, I worked in legal education and technology with the Pennsylvania Bar Institute, developing new ways to deliver CLE programming and support lawyers through remote and technology-assisted learning. Later, my roles combined ethics, technology, and education.
When my health declined, and I could no longer meet the predictable deadlines, sustained concentration, and reliability that clients deserve, I stepped away from traditional practice, but I still had the training and curiosity of a lawyer. I could still read, learn, and occasionally contribute in limited, flexible ways when my health allowed.
Staying Connected Without Practicing
There is a meaningful difference between practicing law and staying intellectually engaged with the law. For example, I may serve on a bar association committee, assist with educational programming, write about legal ethics or technology issues, or follow developments affecting the profession. These activities allow me to remain connected to the legal community and contribute my experience in manageable ways.
Understanding the Financial Side of Disability
Many lawyers focus heavily on life insurance and retirement planning but give little thought to disability coverage. Coverage through my firm provided critical breathing room and allowed me to prioritize my health.
Evaluating Disability Insurance Options
When reviewing disability coverage, details matter.
Pay attention to “own occupation” versus “any occupation” definitions, partial disability provisions, and how reduced capacity is treated. Another issue lawyers should understand is that some policies limit the duration of benefits or impose additional requirements for certain types of conditions. Reviewing those limitations in advance is critical.
Lawyers also should be aware that the American Bar Association sponsors disability insurance options for members. As with any insurance product, review the terms carefully and compare them with other offers.
The best time to secure coverage is when you are healthy, not after you need it.
Practical Suggestions for Lawyers
Consider disability insurance early in your career.
Build skills that connect you to the profession beyond billable hours. Teaching, writing, ethics work, and bar service can provide meaningful ways to contribute that are less dependent on a rigid schedule.
Stay active in professional organizations. Bar associations often offer opportunities to serve that are adaptable and low-pressure.
Finally, be honest with yourself about your capacity. Legal work requires reliability. If your health does not allow for that, look for alternatives that fit your current abilities rather than forcing a traditional model that no longer works.
Conclusion
Health issues may change how you work and, in some cases, may end traditional practice entirely. They do not erase your training, judgment, or experience.
With thoughtful planning and appropriate financial protection in place, it is possible to remain part of the profession, even if your role looks different from how it once did.
Disability Planning Checklist for Lawyers
Before Health Issues Arise
- Review whether you have disability insurance through your firm or privately.
- Research options and apply while you are healthy.
- Compare policies carefully, including “own occupation” definitions and partial disability benefits.
- Speak with a tax or financial professional about the ramifications of self-funded versus firm-funded policies.
- Consider coverage available through the American Bar Association or other bar associations.
- Maintain an emergency fund to cover gaps in income or benefits.
- Develop flexible skills such as teaching, writing, ethics, or bar service.
- Stay active in professional organizations and maintain your network.
If Your Health Begins to Affect Your Work
- Be honest with yourself about what you can reliably sustain.
- Do not assume you can push through ongoing limitations.
- Review your disability coverage and understand reporting requirements.
- Document limitations and follow medical guidance.
- Reduce or transition responsibilities before client service is affected.
- Involve firm leadership as necessary to protect clients.
- Avoid taking on obligations that require consistent availability if you cannot guarantee it.
After Leaving Traditional Practice
- Focus on protecting your health first.
- Participate only in activities that are flexible and manageable.
- Expect your capacity to fluctuate and adjust commitments accordingly.
- Consider flexible volunteer or educational roles without deadlines or client obligations.
- Stay intellectually engaged through reading or writing when able.
- Maintain professional connections even if your role changes.
- Reassess periodically and adjust expectations as needed.
This article was originally published in ABA Law Practice Today, March 2026 edition.