Trying to be a successful attorney AND to have a life is
a formidable task. In fact, I've recently heard that the
International Olympic Committee is planning on including
a new event in the upcoming Winter Olympics: The Billable
Hours Event.
We all know that the demographics of the work force in
general, and of law firms in particular, have changed
dramatically. Many of the most talented associates
in today's big firms are young attorneys who are either
already parents or plan to become parents during the
years they are working toward making partner. These
attorneys face challenges that are different from those
faced by their firms' senior partners. Many of these
partners were able to give their heart and soul to their
work because they had wives at home tending to their
families. As a working mother, I certainly wish I had
a "wife" to do this.
These days, it's both men and women lawyers who must
manage this balancing act. Increasing numbers of young
male attorneys have wives with careers, and so these men
must find ways of integrating active child-care
responsibilities into their professional lives. Some
younger men who are attorneys are not just responding to
external pressures - they simply want to be more involved
in the day-to-day of their children's lives. And with
current billable hour requirements, working 80-hour
workweeks simply does not allow for this.
The managing partners of many law firms have tried to
be responsive to the needs of these young attorneys.
A host of firms now have part-time policies and are
doing their best to make these policies effective.
As you know, attorney attrition is a significant
problem for many firms and the Project for Attorney
Retention is dedicated to helping firms develop effective
reduced-hour policies so that D.C. firms can retain
the gifted attorneys they've invested in so heavily.
Often, when we discuss attorney retention and part-
time policies, we talk about them abstractly. We cite
statistics or talk about issues of business bottom lines
or of gender and politics. But, at least to my way
of thinking, the most powerful way to see the inextricable
link between time and attorney retention is to examine the
lives of attorneys working part time. In other words,
in order to retain the best and the brightest, the legal
profession needs to focus on the issue of how lawyers -
faced with today's billable hour requirements - manage
their time.
I am a business coach and a psychologist, not an attorney.
I spend the bulk of my hours on the phone - coaching
attorneys who probably won't make the Olympic team.
Instead, they are trying to be excellent lawyers, good
parents, and to have a personal life, and seeking my
help as a coach to accomplish this.
Almost every attorney with whom I speak is calling
because of the impact of current billable-hour demands
on their lives. And many of them are talking about
leaving their firms; some even talk about leaving law
altogether.
A number of months ago I spoke with a fourth-year
associate from a west-coast city, working in a firm
of about 80 attorneys. She was the mother of a nine-
month old baby and the wife of an accountant who'd
recently been made partner in his firm. Since both
she and her husband agreed he had a very heavy workload,
there was no question as to which of them would assume
primary childcare responsibility.
The problem was that following her return to work after
maternity leave, she was feeling increased pressure from
the partners in her firm to take on more work. In an
effort to be helpful, one of the partners had asked her
if she'd like to reduce her hours. But the firm had no
explicit partnership track for part-time lawyers. This
young woman was no less committed to her career as a
lawyer than was her husband to his as an accountant.
She was afraid that reducing her hours would permanently
eliminate any chance she had of becoming partner.
How could I tell her that she had nothing to worry about?
After all, although her firm was willing to grant her
permission to reduce her time, there was no precedent for
this. She felt absolutely trapped - for even when she
worked full time, she was not able to meet the firm's
expectations. But reducing her hours - so she could
spend more time with her baby - meant venturing out onto
a slippery slope - one she was unsure her career would
survive.
This feeling - that no matter what you do you lose - is
one I hear expressed over and over again. Even when women
work in firms with explicit part-time tracks, the women who
choose them often suffer.
Lawyers trying to make part-time schedules work in large
firms tend to be quite circumspect about any difficulties
they experience. But this silence allows you to feel like
the painful parts of your part-time experience are a
personal problem - YOUR problem.
"I don't see anyone else getting as upset as I feel," is
a comment I've heard from many women attorneys. If only
you were tough enough, you tell yourselves, then you could
make it work.
Again and again I hear women lawyers blame themselves for
not being tough enough and worried about being judged this
way at their firms.
See if this sounds familiar: You're working part time but
you already have more work than you can handle.
It's the end of the day and you're trying to figure out
how you're going to make tomorrow's deadline while
attending back-to-school night tonight. That's when a
partner knocks on your door and asks if you can do just
one more thing before you leave. And of course, you say
"yes."
For many lawyers, reducing their hours or saying "no"
to just one more project constitutes a confession of
personal inadequacy.
When you blame yourself, it's an easy next step to
feeling guilty. I speak to a lot of attorneys who are
plagued by guilt about the work left for their colleagues
and who wait for expressions of resentment and criticism.
Many part-time policies are intended to accommodate the
needs of lawyers with families, but inadvertently seem to
create divisions.
Have you ever tried to walk out of a meeting of your
practice group because according to the clock it was
time for you to leave? The looks of shock or disapproval
or disappointment are hard to bear. Who wants to feel
like it's her fault that her full-time colleagues are left
with even more work because she's going home to care for
her family?
If this is your experience, I want to urge you to do
something new today. Tell just one other person how you
are feeling. Tell her about the pressure you're under,
or the challenges you're facing, or about a colleague you
know who is leaving your firm because she wants to have
a life and isn't interested in getting on the Billable
Hours Olympic team. Right now you have the power to reduce
your isolation.
There's one more thing you can do that will make a huge
difference in your life, and that is to not wait before
doing everything possible to try to negotiate a flexible
schedule that will really work for you.
When I'm not coaching lawyers to do just this, I'm
counseling couples seeking marital therapy. If you look
at the research on marriage and marriage therapy, you'll
find that most couples don't come in for help until about
six years after the problems begin.
Over the course of six years, commitment erodes. People
move from disappointment to anger to detachment, and by
the time they come for help, they're really looking for a
way out.
I have noticed a similar time course among attorneys in
their relationships with their firms. They begin with
enthusiasm and commitment. Talk to a young woman associate
and you'll hear how thrilled she is to have been hired by
her firm, how proud she is to be associated with such
brilliant lawyers, how determined she is to do her absolute
best.
And when the firm responds by communicating that they value
her, this union flourishes.
But many lawyers feel that their firms do not respect or
support the reality of their dual commitments to firm and
family. If I coach such a lawyer early in her career, we
usually can develop strategies that work, at least well
enough. But the attorneys who contact me after a few years
of part-time work without institutional support are no longer
interested in my suggestions about how they can make this
relationship work. They want out.
I've tried to put a face on the pain of being a part-time
lawyer. Now I'd like to talk about the promise. In my
practice as a professional coach to lawyers, I'm always
asking people to tell me about their successes, about the
strategies that have worked for them.
The lawyers who have had positive experiences working
part time all have some things in common:
- Their firms view part-time policies has beneficial
to the organization as well as the lawyer and not
just as a concession to the personal needs of one
or two attorneys.
- They have a part-time coordinator or a supervisor
or an alliance with a partner who champions their
cause and supports their efforts to set boundaries
around their hours and their workload.
- They feel valued and not stigmatized.
- These lawyers also understand the bottom-line concerns
of their managing partners and communicate their
investment in finding win-win solutions.
- They are good at promoting themselves within their
firms so that the value of retaining them is always
obvious.
- They have worked out arrangements with their firms
so that some of the hours they work are not billable
hours. Instead, they can continue to attend meetings
or participate in committees or in some way remain
integrated in the life of the firm.
- In addition, these lawyers work for firms that are
willing to be flexible: if a shortened workday doesn't
work, then they try an abbreviated workweek. What
counts is that the firm and the lawyer work together
to find what works for both.
- These lawyers use electronic communication to its
maximum effectiveness.
- Finally, they have sufficient quality childcare to allow
them to be flexible and responsive to client needs.
Recently, a woman attorney I've known for many years was
made partner in her firm after eight years as an associate.
As the mother of three, she'd always worked three days a
week. When I called to congratulate her, she sounded giddy.
She'd never expected to be made partner. She'd
assumed that reducing to part-time automatically excluded
her and was stunned and delighted when the partners
presented her with the good news.
I'd had the privilege of working on a case with one of
the partners, so I called to congratulate him as well.
He said, "She's an excellent attorney and she works very
hard. She deserves this and our firm wants lawyers like
her."
This is the promise of part time. Unfortunately, right
now it's usually up to each lawyer to make it work on
her own. Institutional changes would certainly help
smooth the way, ease the struggle, and allow attorneys
to find more time to do the work they came to their firms
to do. The Project for Attorney Retention will offer
these institutional solutions.
The PAR Project seeks to improve recruiting and retention
of talented attorneys through the use of work schedules
that allow attorneys to better balance the competing demands
of their work and their lives outside the office.
The Project aims to develop recommendations for reduced-
hour schedules that are professionally rewarding and are
not punitive "mommy tracks." PAR advocates the development
of schedules that allow proportional pay for proportional
work with proportional opportunities for advancement.
The Project for Attorney Retention (PAR) is directed by
Joan Williams and Cynthia Calvert Thomas. Joan Williams
is the Director of the Gender, Work and Family Project
at the American University Law School, where she is
Professor of Law. She is the author of "Unbending Gender:
Why Work and Family Conflict and What To Do About It"
(Oxford University Press, 1999). Cynthia Calvert
Thomas has worked full-time, part-time and flex-time
for a D.C. law firm and recently opened her own practice
concentrating in employment law counseling.