Reducing Hours, Increasing Value

My story.

I became a “reduced hours lawyer” years ago when my first daughter was born.  I loved my job as a patent associate in a large law firm, but wanted to find a balance that worked for my family.  Same story, different lawyer.  What I did not realize at the time is that due in part to the individuals with whom I worked and in part to long term institutional values at my firm, the rest of my story is unusual. 

For example, contrary to reports from women at other law firms, I could not wait to tell the partner with whom I worked that I was expecting.  It never occurred to me that having a pregnant third year associate with maternity leave in her future would be met with anything other than complete elation.  Then, in order to discuss part time options (and by discuss the options I really mean tell them what I was planning) I went to see several partners who, at the time, were heading up my practice group.  The first partner suggested I wait to make the decision so that I did not over commit myself (“you don’t know how you will feel when the baby arrives”) and the second approved my request without concern (“sounds fine to me”).  I assumed everyone in the industry was treated this way. 

My tenure as a reduced hours attorney has not been without its challenges, but overall it has been a successful arrangement.  I continue to enjoy my job.  I was elected to the partnership while working a reduced hours schedule.  I currently serve as the firm coordinator for our reduced hours program.  Now, for the first time, I am examining why my arrangement has been successful so that I can pass along this information to others seeking to establish and maintain a program that works.

First hurdle, why offer reduced hours at all?

I have heard various arguments in the legal community against offering reduced hours options.  People object for all sorts of reasons, most centered on their pocketbook, their schedule or their personal practice.  Some of the objections include: “it’s not as profitable,” “our clients expect us to be available around the clock,” “what if I need that lawyer and she is driving carpool?” and (my personal favorite) the unspoken perception that “reduced hours” really means “reduced quality.”

Working reduced hours may not be as profitable as a full time arrangement, but it can deliver profits.  Admittedly, clients expect service at odd hours and it can be inconvenient if a lawyer is out of the office when a need arises.  However, being out of the office on a school field trip is no different, from a client management perspective, from being out of the office on another client’s project.  Moreover, a reduced hours attorney is likely highly committed to the profession, as demonstrated by the desire to combat these misconceptions and continue in the work force, in spite of the inherent associated challenges. 

The value and benefits of a reduced hours program are best examined from an aerial view of a company or law firm.  From this view of the entire institution, it is clear that in order to retain the best talent, an organization must have a fundamentally attractive working environment.  Also apparent from this altitude is that focus on individual achievements is decreasing, demands on individuals are at an all time high, and lawyers are jumping from job to job, exchanging co-workers as one exchanges uncomfortable shoes.

A firm will succeed best, and retain the best talent, when, as an institution, it becomes committed to serving the careers of young lawyers -- when it becomes focused on training young lawyers to concentrate not only on personal successes but also on facilitating the success of others and on building a practice group, not merely a single career. 

Offering reduced hours as an option and providing support for such a program is a part of this institutional vision.  Reduced hours programs provide a bridge to increased time at work and result in increased loyalty to the firm.  Generally speaking, a lawyer requesting a reduced hours schedule is not choosing between continuing her full time schedule and reducing her hours, she is choosing between reducing her hours and leaving her current position.  Instead of “do we want to offer a reduced hours option?” the question should be “do we want to retain this person?” 

Okay, perhaps we need a program, but how do we make it work?

Any firm can have a reduced hours program.  Offering a program that seeks to fulfill any goal other than posting it on the firm intranet and providing the rhetoric to potential recruits is another order of magnitude.  A successful program requires long term support for the program on the institutional level, support from a lawyer’s practice group, including effective mentoring, flexibility (on both sides) and a means for measuring success that is not solely dependent on the billable hour.

Institutional Support

A reduced hours program cannot succeed without buy in from the top.  Firm management must not only provide the means necessary for implementation of such a policy, the justification and business goals associated with a formal reduced hours policy must come as a mandate from top management.  In my case, this commitment from firm decision makers had been in place for decades.  A law student seeking a firm committed to establishing an attractive work environment should look to historical evidence of managerial support for programs, such as reduced hours arrangements, to determine whether the commitment is an established firm policy. 

Practice Group Support and Mentoring

Practically, even a firm with an outstanding record of institutional backing cannot expect a reduced hours lawyer to succeed without support and mentoring from those closest to the lawyer’s practice.  The practice group should foster an atmosphere that encourages personal interaction between attorneys and respect for diversity of opinion, including the choice to work a reduced schedule.  More experienced lawyers should invest in the professional development of young lawyers and should seek to establish relationships that permit honest, open communication between members of the group.  When I announced my intention to reduce my hours at work, I was met with the encouragement I expected because those I worked with cared about me personally and professionally. 

Flexibility

Abandoning the “one size fits all” mentality of many in the legal profession is a key component to allowing a reduced hours lawyer to build a successful career.  Likewise, no lawyer should expect to confine a legal practice solely to particular hours or particular days.  This is where the balancing act is most crucial.  Setting boundaries that are flexible to meet client and firm demands without obliterating the boundary lines completely is a challenge, but flexible boundaries are possible.  I have found over the years that these lines may change at times, but I have been able to keep them intact through open communication about expectations.

Measuring Success

The measure of success in the legal community is perhaps the most challenging aspect to maintaining a reduced hours program.  A firm cannot expect to retain lawyers that are not valued as contributing members of the firm.  This presents a dilemma for reduced hours attorneys in private practice, since firms typically reward quantity of hours –  high quality work product is expected.  In rewarding lawyers, firms should evaluate contribution on levels other than the billable hour, including client satisfaction, expansion of client relationships and a variety of other measures of success.

Camilla Williams is a partner in Kilpatrick Stockton's Intellectual Property Department. Ms. Williams advises clients in all aspects of intellectual property with particular emphasis on patent portfolio management and strategy, procurement, licensing, and related litigation.