Career guide

How lawyers retire: winding down, selling a practice and succession

Founder, LawFirmHires
October 2026 6 min read

At a glance

ABA model rule — a lawyer or firm may sell or buy a practice, or an area of practice, including goodwill, if its conditions are met

Selling a law practice

Allowed under Model Rule 1.17

Stated exception: an agreement concerning benefits upon retirement

Restricting a lawyer's right to practice

Barred by Model Rule 5.6(a)

New members requesting inactive status — $80 in total

Inactive status, Texas (example)

$55 dues + $25 license fee

vs. $375 per two-year registration (22 NYCRR 118.1)

Retired attorneys, New York (example)

Pay nothing

Lawyer retirement is less a single event than a sequence of steps: handing off management duties, moving to of counsel, selling a law practice under ABA Model Rule 1.17, and arranging for the clients left behind.

Each step has its own mechanics, and the ethics rules on practice sales and post-departure restrictions are real constraints.

Here is how lawyers wind down — and what happens to the license when the client work stops.

When and how lawyers step down from practice

Retiring from law is not one decision but a stack of them: when to stop taking new clients, which active matters to hand off, whether the practice itself sells, and what happens to the license afterward.

The timing is the lawyer's own; each of the steps below has rules around it.

The profession has named paths for the end stage, and this page walks through them — a step back into an of counsel seat, a sale of the practice under the ethics rule written for that transaction, and succession planning for the lawyers who own their firm.

Departures at the end of a career are also a measurable part of the market.

Per the BLS, about 28,700 openings for lawyers are projected each year, on average, over 2025–2035 — many from replacing workers who retire or change occupations.

One rule shapes the departure itself.

ABA Model Rule 5.6(a) bars a lawyer from offering or making a partnership, employment or similar agreement that restricts a lawyer's right to practice after the relationship ends, with a stated exception for an agreement concerning benefits upon retirement.

For a lawyer leaving a firm, the model rule protects the right to keep practicing — and the one departure arrangement it expressly carves out is the retirement-benefit agreement.

State versions govern, a point this page returns to below.

The step down is also the last move in attorney careers that otherwise run from a first associate seat toward partner, an in-house role or the bench — which makes the end-stage choices legible against the rest of the ladder.

The sections below take them in order.

Looking for attorney jobs? Browse open positions →

Moving to of counsel

Of counsel is the title firms attach to a lawyer affiliated with the firm who sits outside the associate ladder and the partner tier.

For a lawyer planning the exit from full-time practice, that flexibility is the point: the title can carry a negotiated arrangement — which clients the lawyer keeps, how many hours, for how long, and what happens to files when the arrangement ends.

The of counsel title, the arrangements behind it and who holds it are a study of their own.

The step-down version is a two-sided negotiation.

The lawyer trades management duties and business-development expectations for a defined, smaller scope of work; the firm keeps judgment and client relationships it would otherwise lose.

The terms live in the written agreement — scope, duration, compensation, and the exit terms on both sides.

A retiring sole practitioner can arrive here from the other direction too: selling the practice to a firm and staying on as of counsel through the transition, so clients see a familiar name while the practice changes hands.

Selling a law practice (Rule 1.17)

The sale of a law practice is not a private handshake; an ethics rule is written for the transaction.

ABA Model Rule 1.17 allows a lawyer or a law firm to sell or purchase a law practice, or an area of law practice, including goodwill, if the conditions stated in the rule are satisfied.

Both sides of the deal sit inside the rule — the seller exiting and the buyer acquiring — and its coverage runs from an entire practice down to one practice area.

And the rule is not a blank check — it attaches conditions, and a compliant sale is one that satisfies them.

This page summarizes the rule's existence and coverage; it does not reproduce the conditions.

That is deliberate.

The ABA writes the Model Rules as models, so the enforceable version of Rule 1.17 in your state is the one your regulator has adopted — and adopted versions can differ from the ABA text.

The state bar is the authority to read before anyone signs.

The model text is not the rule you are bound by

The ABA writes the Model Rules as models; they take effect where a regulator adopts them. The enforceable version of Rule 1.17 is your state's adopted rule, and it can differ. Confirm the current requirements with your state bar before signing a practice-sale agreement.

Succession for solo and small-firm owners

A solo owner has no partner bench to absorb the practice, so the succession questions have no one to answer them but the owner.

The core list: who takes over active matters if you stop working; whether the practice is sold under the practice-sale route above or wound down; when to stop accepting new clients; and what happens to the staff who run the office alongside you.

Working through that list while still practicing is what separates an orderly exit from a scramble.

In a small firm, the same questions run between the partners who remain.

Even the firm's name is part of the succession picture: under Ohio's version of the naming rule — Ohio Rule of Professional Conduct 7.5(a), as amended January 1, 2026 — a firm may keep the surname of one or more deceased or retired members, or of a predecessor firm in a continuing line of succession, while it may not use the names of people who are not lawyers in the firm.

Other states adopt their own versions, so the naming question has a state answer, not a national one.

Files, open matters and client funds raise the same kind of state-by-state questions, and this page does not restate them.

Your state bar or admitting authority is the place to confirm what a winding-down practice must do before the doors close.

Retired or inactive license status

Stopping the client work does not automatically answer the license question.

What a lawyer can do with a license after retiring — whether a retired or inactive category exists, what it costs, and which obligations continue — is set by the admitting authority in the lawyer's state, and the answers differ from state to state.

Two verified examples show the spread.

In New York, attorneys re-register every two years with the Office of Court Administration and pay $375 per registration; retired attorneys pay nothing (22 NYCRR 118.1).

In Texas, a new member requesting inactive status pays $55 in dues plus a $25 license fee — $80 in total.

Those two data points are what this page's research verified — not a state-by-state picture.

Categories get renamed, fees move, and status rules change like every other licensing rule.

Before filing a status change, or assuming a license can simply sit untouched, confirm the current categories and costs with your state bar or admitting authority.

Where to find attorney jobs

A step down from full-time practice is not always a full stop.

Firms list seats that fit a reduced or senior practice — of counsel arrangements among them — and browsing attorney jobs on LawFirmHires shows what law firms are hiring for right now.

Career information, not legal advice. The rule text summarized here comes from the ABA Model Rules and the named state rules; the version in force is the one your regulator has adopted. Confirm practice-sale, succession and license-status questions with your state bar or admitting authority before acting on them.

What Attorney Job Listings Show Right Now

From the 363 active attorney listings on LawFirmHires as of October 7, 2026.

Open listings
363
attorney jobs
Employers hiring
145
firms and other employers
Posted in last 14 days
129
new listings
Median posted pay
$135,000
from 100 listings with pay

Where the openings are

Pay employers post

  • Median $135,000 a year; the middle half of posted pay runs $120,000–$179,500 (100 listings that state a salary)
  • 28% of attorney listings state any pay at all.

Benefits and work arrangement

  • 4% remote and 3% hybrid; the rest are on-site
  • Dental & Visionnamed in 43%
  • Health Insurancenamed in 40%
  • PTO / Paid Time Offnamed in 35%
  • 401k Matchnamed in 18%
  • CLE Reimbursementnamed in 11%

Source: active attorney listings on LawFirmHires, updated daily. Pay figures use only listings that state pay (midpoint of each posted range). Benefits count listings that name the benefit; a listing that doesn’t mention one may still offer it.

Browse 363 jobs →

Frequently Asked Questions

Can you sell a law practice?

Yes.

ABA Model Rule 1.17 allows a lawyer or a law firm to sell or purchase a law practice, or an area of law practice, including goodwill, if the rule's conditions are met.

The Model Rules are models, so the enforceable version is the rule your state's regulator has adopted, which can differ from the ABA text.

Confirm the current requirements with your state bar before signing a sale agreement.

Can a law firm make a retiring lawyer sign a non-compete?

ABA Model Rule 5.6(a) bars partnership, employment or similar agreements that restrict a lawyer's right to practice after the relationship ends.

The rule's stated exception is an agreement concerning benefits upon retirement.

The model rule therefore draws a line between restrictive covenants, which it prohibits, and retirement-benefit arrangements, which it expressly allows.

Your state's adopted version governs — confirm with your state bar.

What happens to your law license when you retire?

That is set by the admitting authority in your state, and the categories and fees differ.

In New York, retired attorneys pay nothing at re-registration, while attorneys pay $375 per two-year registration (22 NYCRR 118.1).

In Texas, new members requesting inactive status pay $55 in dues plus a $25 license fee.

Confirm the current categories with your state bar before you file a status change.

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