Trying to be a successful attorney AND to have a life
is a formidable task. I've recently heard that the
International Olympic Committee is planning a new event
for the Winter Olympics: The Billable Hours Event.
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 women 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' predominantly male senior partners.
These days, it's not only women lawyers who must
manage this balancing act. Increasing numbers of young
male attorneys have wives with careers. These men must
find ways of integrating active child-care responsibilities
into their professional lives. Some younger men who are
attorneys 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 work weeks 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.
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 firms can retain the gifted attorneys
they've invested in so heavily.
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 women attorneys, and sometimes men, who are
trying to be excellent lawyers, good parents, and to have
a personal life.
Almost every attorney with whom I speak is calling
because of the impact of current billable-hour demands on
their lives. Many of them are talking about leaving their
firms, some even talk about leaving law altogether.
The next few paragraphs will share some of the stories
I hear as a professional coach. If you recognize yourself,
read further - there are some ideas for you.
A FOURTH YEAR ASSOCIATE is working in a firm with about
80 attorneys. She is the mother of a none-month old baby
and the wife of an accountant who's recently been made
partner in his firm. Since both she and her husband
agreed he has a very heavy workload, there was no question
as to which of them would assume primary childcare
responsibility.
Since returning to work after her maternity leave,
she was feeling increased pressure from the partners 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. She was afraid that reducing her
hours would permanently eliminate any chance she had of
becoming partner.
She felt absolutely trapped. 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.
A SEVEN YEAR ASSOCIATE was working in a firm with about
800 lawyers. The mother of two young children, she'd
made a valiant attempt to be successful in her career
while struggling to be involved in their lives.
There seemed to be little doubt that she would
make partner. But she had reached the end of her rope
just as she was about to grasp the golden ring. She'd
been working a reduced-hour schedule for several years.
Reduced hours meant she could leave in time to meet her
children when they came home from school.
In order to get her work done, she had to go back
to work after the children went to sleep. So for months
she'd been working from 9 p.m. until 1:00 or 2:00 in the
morning, and then trying to be emotionally available
to her children as she got them off to school. Often
even after going to bed, she lay awake worrying about
all the unfinished work.
But her exhaustion was far less a problem for her
than her isolation at her firm. She felt like a pariah
or a disabled person. Although her firm allowed part-
time schedules, she felt they were regarded as a special
accommodation to the family-challenged, for people
ostensible not tough enough to do everything. She felt
completely marginalized.
My experience has taught me that these women are
not alone. Those of you facing these kinds of challenges
may not realize that you are in excellent company. From
my perspective, this isolation stems from the norms of
law firm culture. In general, lawyers learn that they
are expected to appear confident, strong and unemotional.
So, women 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.
YOUNG WOMEN LAWYERS ARE COMMITTED TO THEIR FIRMS
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.
And when the firm responds by communicating that they
value her, this union flourishes.
But many women lawyers feel that their firms do not
respect or support the reality of their dual commitments
to firm and family. 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.
MOVING FROM PAIN TOWARD PROMISE
Women lawyers who have had positive experiences
working part time all have some things in common:
- Their firms view part-time policies as 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 women 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 women work for firms that are
willing to be flexible; if a shortened work day
doesn't work, then they try an abbreviated work week.
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 child care to
allow them to e 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 him 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 women
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
The Project for Attorney Retention (PAR) 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. PAR aims to develop
recommendations for reduced-hour schedules that are
not punitive "mommy tracks." PAR advocates the development
of schedules that allow proportional pay for proportional
work with proportional opportunities for advancement.
PAR is directed by Joan Williams and Cynthia Thomas
Calvert. 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 Thomas Calvert 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.
Both PAR and Lawyers Life Coach would like to hear
about your experiences working part-time in a law firm.
You can fill out PAR's survey at their web site:
http://pardc.org and send email to Dr. Ostrow at
Ellen@lawyerslifecoach.com