Law Firms Flirt With Flexibility

Much to the frustration of ambitious working moms with legal degrees, law firms -- particularly the largest, most prestigious ones -- have eschewed work-life balance. Hard-charging women stormed the gates of law schools starting in the 1970s, entering the profession in record numbers. Ironically, "balance" decreased dramatically at the same time. Billable hour quotas have risen from roughly 1,200 to 1,600 hours a year in 1965 to 2,000 to 2,200 annual hours today, which translates to 42 hours a week (requiring at least 60 hours per week in the office). Industry practices have long included partnership tracks based on seniority, not performance; salaries and bonuses based on billable hours instead of revenue generation and miserly family-leave policies.

But red flags in recent years are finally forcing the profession to question whether it's time to restructure billing practices, schedules and partnership tracks. They include a grassroots rebellion by students at Stanford, Yale, and New York University law schools; the American Bar Association calling for the end of the billable hour; Working Mother Magazine introducing the Top 50 Law Firms for Women; high numbers of young female lawyers leaving big firms and 78 percent attrition of associates of both sexes within five years.

Deborah Epstein Henry, founder of the FlexTime Lawyers consulting firm, recently captured the moment for the New York Times in Who's Cuddly Now? Law Firms:

"There are enough things happening everywhere, enough to call it a movement. The firms don't think of it as a movement, because it is happening in isolation, one firm at a time. But if you step back and see the whole puzzle, there is definitely real change."

Ms. Henry published her solution packet last month in Diversity and the Bar magazine. Her program, called FACTS, proposes the following options for restructuring work time:

Fixed -- More predictable hours, lower-profile work assignments

Annualized -- Intense periods of high-profile work followed by relative lulls

Core -- Blocks of key hours on a predictable schedule that allows for time with kids, e.g. 9 a.m. to 3 p.m. or 12 p.m. to 10 p.m.

Targeted -- On an annual basis, all lawyers "target" or project how many hours they will work, and take ownership of the schedule (and compensation structure) they commit to

Shared -- Two or more attorneys sharing high-profile, high-intensity assignments

What's your experience with, or observation of, finding balance in a legal career? What does it take to transform a firm or an entire industry into a more family-friendly environment? Would a flexible work-life structure succeed at your firm? Have you left a company or profession because of its refusal to accommodate your work-life needs? What's your ideal solution?

By Leslie Morgan Steiner |  January 28, 2008; 7:00 AM ET  | Category:  Workplaces
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