Creating Win-Win Flexible Work Arrangements

There was a time when "flexible work arrangements" for lawyers meant that if you worked late on both Saturday and Sunday, a 10 a.m. arrival on Monday was permitted.

Now, however, both lawyers and nonlawyers seek flexibility to help achieve a healthy work-life balance. Data released by the Bureau of Labor Statistics in July 2005 shows that nearly 30 percent of all full-time employees in the United States had flexible work schedules.[FOOTNOTE 1]

Factors such as the growing number of dual-career couples, child and elder care responsibilities, changing demographics and pressures in the marketplace have contributed to the increased demand for more inclusive flexible work options. The traditional view that flextime is only for working mothers is an anachronism, as employers are expanding their flexible work programs to include all employees, regardless of age, gender or parental status.

The reason is not purely altruistic. Employers recognize that giving employees the flexibility to balance work and personal obligations can help increase the retention of experienced and valuable staff, assist in recruiting and diversity efforts, boost employee loyalty, productivity and collegiality, and enhance overall corporate image.

And clients benefit as well. In a law firm study conducted by the Project for Attorney Retention (PAR) at American University Washington College of Law, many in-house counsel expressed support for flextime work at law firms.[FOOTNOTE 2] Since it typically takes six to 18 months to get a new lawyer up to speed, cutting down on attrition costs and preserving institutional knowledge can benefit firms and their clients in the long run.

White & Case recently formalized its flexible work arrangement program, which allows lawyers in the U.S. offices to develop flexible work arrangements on a gender- and reason-neutral basis. We created a program that goes beyond simply allowing reduced work hours by providing a wider range of options -- from working part time with a reduced workweek or reduced annual hours to taking time off between assignments or telecommuting on a regular basis.

Because flexible work arrangements represent a way of working that challenges many traditional assumptions at law firms about how, where and when work gets done, developing and rolling out such a program takes careful planning:

1. Build organizational support. Ensure management support for the initiative and clearly communicate it. Promote the importance of the link between flexible work arrangements and business goals.

2. De-stigmatize and address issues upfront. Making the program universal across the firm helps eliminate stigmas and resentment. To avoid participants' concerns of being "mommy-tracked," or ineligible for promotion or partnership, clearly communicate modifications to the pace of one's career trajectory and set benchmarks to remain on a progressive career track.

3. Formalize the process. Institute a formal policy and procedures for flexible work arrangements -- informal policies lead to inconsistencies and inequities. Candidates should present their case by developing a proposal that outlines the details of their proposed flexible work arrangement, describes how work demands will be met, identifies challenges and suggests solutions.

4. Ensure consistent and optimal client service. According to PAR's study, a key concern for in-house lawyers was that outside counsel be accessible when they were needed and responsive to client concerns.[FOOTNOTE 3] Because flexible work arrangements mean that lawyers will not always be working at the same time or location as their colleagues, it is essential that there is frequent and effective communication about how and when lawyers are accessible. Online calendars, e-mail and voicemail can all be used to assure that clients and lawyers know how someone can be reached. Overcommunication, especially when everyone is getting used to a more flexible way of working, is better than undercommunication.

5. Recognize that not all positions are alike. Associates whose work requires a significant amount of interaction with clients and/or other lawyers may not be as compatible with flexible work arrangements or may require more extensive planning.

6. Consider the effects on other lawyers, partners and clients. Decisions cannot be made in a vacuum. Determine which tasks and relationships may be affected by a flexible work arrangement and come to some mutually agreeable solutions to potential challenges.

7. Set benchmarks for monitoring and measuring. Propose clear measurable criteria and a time frame to evaluate the ongoing viability of the flexible work arrangement and, as needed, modify activities and work schedules.

8. Ensure they are still part of the team. Provide the tools and support for supervisors and employees who participate in the program. Every effort should be made to continue mentoring and training program participants and ensure ongoing communication with them. Participation in conference calls, meetings, retreats or other firm social events is essential in ensuring that participants and colleagues recognize that flexibility does not inhibit one's role as part of the team. Participants in the program should share best practices and communicate successes to guide others who may be interested in participating in the future.

Striking a win-win flexible work arrangement for law firms, lawyers and clients is a challenge, but it is well worth the investment to get it right. One recent study by WFD Consulting found a connection between workplace flexibility and reduced turnover, increased revenues, faster cycle times, better client service, stronger employee commitment and reduced stress.[FOOTNOTE 4]

Any one of these benefits alone is important. Taken together, they present a compelling case for law firms to embrace more flexible work arrangements for their lawyers and staff.

Karen Asner is a commercial litigator and an administrative partner at White & Case in New York, where she oversees all administrative aspects of the firm's 36 offices and helps shape firm culture, policies and strategic business objectives.

Law.com's ongoing IN FOCUS article series highlights opinion and analysis from our site's contributors and writers across the ALM network of publications.

::::FOOTNOTES::::

FN1 Patricia Schaefer, "Flexible Work Arrangements: Employer Solutions to Common Problems," Business Know-How, 2005, http://www.businessknowhow.com/manage/flex-work.htm (accessed Sept. 13, 2006).

FN2 The Project for Attorney Retention, Program on WorkLife Law of American University Washington College of Law, Better on Balance -- The Corporate Counsel Work/Life Report, (December 2003), http://www.pardc.org/Publications/BetterOnBalance_sum.shtml (accessed Sept. 14, 2006).

FN3 Ibid.

FN4 Robin Hardman, "Flexible Work Arrangements Can Mean Good Business," AICPA Career Insider Newsletter, Aug. 24, 2006, https://www.cpa2biz.com/Career/Flexible+Work+Arrangements.htm (accessed Sept. 13, 2006).