Work/Life Balance Initiatives in the Legal Profession
By Melanie Jester

Over the past decade, work/life balance has emerged as a mainstay of human resource management. The work/life balance trend is reflected in corporate initiatives, programs and benefits. It is weighted heavily in the calculation of honoring a company as a “Best Company,” and it is repeatedly cited as one of the most sought after employee benefits.2 And, work/life balance trends have emerged more recently as a catalyst for yet another class of employment discrimination. In the spring of 2007, the EEOC issued enforcement guidance to address “family responsibility discrimination” in the workplace.3

Work/life balance is a phenomenon of international concern, too. The governments of the United Kingdom, Australia and Canada have all contributed significant resources toward development of work/life balance programs and policies.4 The work/life balance trend is fueled by changing workplace demographics, the role of technology and the move toward a more service-oriented economy.5

Work/life balance in the legal profession has clipped along at a slower gait than that of the corporate horse, but certainly today it is an issue of concern addressed by law firms, solo practitioners, bar associations and legal educators. All work/life initiatives prosper, however, only when compatible with the ultimate concern of the bottom line.

For law firms, the cost of attrition is viewed as the most compelling reason for supporting implementation of work/life balance policies.6 Retention of attorneys and the intangible benefits of preserving client and lawyer relationships get the attention of law firm management. Certainly, however, with the constant plague of burnout, depression, low productivity, insomnia and stress-related illnesses that burdens our profession, other costs must be considered in calculating the benefits of work/life balance initiatives.7

Work/life balance initiatives are challenging for law firms for a number of reasons, two of which are addressed here. First, there is no magic formula by which an individual achieves work/life balance. We each have different values, goals and definitions of success. How balance is achieved, therefore, is unique to each of us. Second, in comparison to corporate America, law firms do not have the same resources available to implement work/life balance initiatives. For example, an on-site workout facility or daycare is not a viable alternative for the majority of small to mid-size law firms. Nonetheless, taking some action toward recognizing the importance of work/life balance is very useful.

As individual lawyers, work/life balance goals might include organizing work so that one has a sense there is enough time in a day to effectively accomplish work-related tasks; making (and guarding) time for family commitments without feeling compromised; or participating in exercise or other hobbies we enjoy.

Addressing work/life balance at the law firm management level might include creating a committee that serves as both a resource and sounding board for work/life balance issues, or, as many firms are now doing, offering flexible working arrangements and putting less emphasis on “face-time” in the office by allowing for a “work-at-home” option.8

Nationally, law firms’ willingness to experiment with the traditional practice model is on the rise. In large part, the experimentation relates to the inevitable need to revamp the current billable hour model and to actively explore alternatives to the billable hour.9 A 2006 study by the bar association of San Francisco noted a correlation between attrition and minimum billable hours. Attrition rates were lowest in firms with annual billable hours ranging from 1560 - 1850.10

The Atlanta based firm, Ford & Harrison, a 190-lawyer labor and employment law firm recently unveiled a “Year One” associate development program. Modeled after the residency programs offered in medical school, the program’s central component is the elimination of billable hours requirements for the participants during their first 15 months at the firm.11

The international law firm, Kirkpatrick & Lockhart Nicholson Graham LLP, has employed Jeannine M. Rupp, an organizational and social psychologist, as the firm’s director of Professional and Personal Life Integration (PPLI). In the fall of 2005, the firm’s PPLI initiative launched a “Balanced Hours” program.12 The program features a clearly defined balanced hours policy, dedicated personnel to oversee implementation, development of online resources and “Balanced Hours Coordinators” to develop individual work arrangements, provide support, monitor schedules and ensure the quality of work assignments.

Smaller firms are also taking action. The Shepherd Law Group, a five-lawyer employment boutique in Boston, recently abandoned the billable hour system entirely. Instead, the firm utilizes “up-front pricing,”charging a flat annual fee or a flat price per task.13 Other firms have implemented work/life balance initiatives by making work/life balance the integral aspect of the firm’s culture. Lowrie, Lando & Anastasi, a Boston based intellectual property firm, utilizes its 1,600 annual billable hours requirement as a marketing tool, persuading clients that an attorney billing at this rate is more responsive to client needs.14

In Oklahoma, law firms have also taken notice of the importance of work/life balance and have adapted to changing workplace demographics, most prominently, by allowing more flex time and reduced hour arrangements. The law firm, Phillips McFall McCaffrey McVay & Murrah P.C., has identified the following changes in firm culture over the last decade that reflect a move toward greater work/life balance for attorneys:

Over the last 10 years, the firm has increased its flexibility with regard to billable hour requirements and flex time; added an employee mental health benefit; increased the number of social events to which spouses are invited; instituted an attorney mentoring program; and clearly communicated to attorneys its support of taking time for family (attending school plays, taking vacations, etc.).

In addition, as part of its employee benefits package, the firm offers to all attorneys and their families free counseling through A Chance to Change Foundation, an organization that provides mental health counseling with an emphasis on the entire family.

McAfee & Taft similarly has noted acceptance of more alternative work arrangements as reflective of changes in firm culture toward promotion of work/life balance. In addition, McAfee is using technology to allow attorneys to work from “places other than one’s desk” and having more open discussions amongst attorneys about work/life balance and what that means for the individual attorneys working there.

A focal challenge continues to be eradicating any stigma associated with an attorney’s choice to partake of alternative work arrangements or reduced hours arrangements. The Washington D.C. based Project for Attorney Retention includes on its Web site information for lawyers and law firms about non-stigmatized part-time programs. The numerous law blogs, empirical studies and frequent media articles also have assisted in bringing work/life balance into the mainstream of the legal profession.

For Oklahoma lawyers, the OBA has embraced the importance of work/life balance. In 2006, the OBA created the Work/Life Balance Committee. One of the primary goals of the committee is to increase awareness about work/life balance issues and to make work/life balance a legitimate expectation, supported and embraced by our legal culture. The committee provides work/life balance resources through its Web site, www.okbar.org/members/worklife/Default.htm.          

Work/life balance is opening the door to possibility. The benefits far outweigh the misconceived costs. The movement is allowing a more diverse group of persons to succeed within the legal profession. It is a catalyst for bringing about new management styles and the much needed alternative to the billable hour system. And, work/life balance is allowing lawyers to live healthier lives while maintaining fulfillment in the practice of law.

1. United Kingdom, Employers and Work/Life Balance. See http://www.employersforwork-lifebalance.org.uk/work/definition.htm.
2. Yale Law Women, a student organization at Yale Law School, now compiles a Top Ten Family-Friendly Firms list. See http://www.yale.edu/ylw/activism.htm. As explained by YLW “Factors determining ranking included access to and use of maternity/paternity leave policies, emergency and on-site child care, part- and flex-time work schedules, health and other benefits for same- and opposite-sex domestic partners; ratios of women partners and associates; and billable hours requirements.” Id. Flex-Time Lawyers and Working Mother magazine similarly recently announced a first-time “List of the 2007 Best Law Firms for Women.” See http://www.flextimelawyers.com/best/release.pdf.
3. See Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities http://www.eeoc.gov/policy/docs/caregiving.html.
4. A number of United Kingdom Government work/life balance resources are available through the Department for Business, Enterprise and Regulatory Reform (BERR): www.berr.gov.uk.
5. For example, dual-wage-earning families are working longer hours. According to a study conducted by Catalyst, a nonprofit research and advisory organization in New York, the combined weekly work hours of wage-earning couples rose to 91 hours in 2002 – up more than 8% in just 10 years. See www.catalyst.org.
6. The Boston Bar Association conducted a comprehensive study that addressed the cost of attrition. The comprehensive study was one of the first to address the issue in the legal profession. The study culminated in an implementation plan for addressing work/life issues in the legal profession. See http://www.bostonbar.org/prs/wfcplan.htm.
7. Within the Oklahoma Bar Association, we have had to face the painful reality of an unprecedented number of lawyer suicides in the past few years. And, we must be mindful of the fact that the state of Oklahoma continues to receive dismal rankings regarding the overall health of her citizens. Oklahoma currently has the 14th highest level of adult obesity in the nation according to a recent report issued by Trust for America’s Health.
8. The most common forms of alternative work arrangements are flex time, part time and reduced hours schedules. A good resource for alternative work arrangements is the Washington D.C.-based organization, the Project for Attorney Retention (PAR), www.pardc.org. PAR promotes “balanced hours programs” for law firms which “allow attorneys to work individually tailored, reduced schedules that are designed to meet the firm’s business needs while maintaining the attorney’s ability to work and to develop professionally without stigma.” See id.
9. In 2001-2002, the ABA Commission on Billable Hours issued a report of extensive findings concerning the issues and problems posed by the billable hour system. Included in the report is information about alternative billing methods. See http://www.abanet.org/careercounsel/billable/toolkit/bhcomplete.pdf.
10. An executive summary of the report details these and other findings concerning attrition rates. The report is available at http://www.sfbar.org/newsroom/20060927.aspx.
11. For more information, visit the firm’s Web site at http://www.fordharrison.com. A description of the program is available at http://www.fordharrison.com/shownews.aspx?show=3068.
12. The PPLI and Balanced Hours Program are described in more detail on the firm’s Web site: http://www.klgates.com. Because of the Balanced Hours Program, the firm was honored by Working Mother magazine, making the “2007 Best Law Firms for Women” list.
13. Information about the firm’s pricing policy is available at http://www.shepherdlawgroup.com/approach_FAQ2.php.
14. The firm’s mission statement is: “Celebrating an Intelligent Approach to Intellectual Property Law.” See http://www.ll-a.com/index.cfm.

About The Author

Melanie Jester is chair of the OBA’s Work/Life Balance Committee. A long time advocate for work/life balance in the legal profession, she has received the Oklahoma County Bar Association’s Professional Service Award and the OBA Women In Law Mona Salyer Lambird Spotlight Award in recognition of her efforts. Melanie serves as law clerk to Magistrate Judge Valerie Couch in the U.S. District Court for the Western District of Oklahoma.

Work/Life Balance Initiatives in the Legal Profession
Published 79 OBJ 1119 (May 10, 2008)