Balancing Act
Finding Flexible Work Options That Actually Work

There is a lot of talk these days about the need for "work-life balance," even more so now that many parents are finding they are being involuntarily down-shifted into part-time work or temporarily becoming a stay-at-home parent due to a job loss or layoff. As an attorney who purposefully sought a job that would help me gain this elusive balance, I have taken an interest in how others in the legal community have approached the issue. Ours is a profession that is typically not viewed as friendly to anything less than a 60-hour work week, but lately, more and more models for achieving work-life balance are bubbling to the surface.

What about “virtual law practice?”
Take the law firm of Virtual Law Partners based in California, for example, recently featured in the ABA Journal ("Virtually Practicing," by Stephanie Francis Ward, June 2009). Founded by a few successful attorneys who wanted to find a more streamlined, efficient way of working, this firm operates in the virtual world–that is, without an office. Making smart use of technology has allowed the firm to communicate and collaborate from afar just as effectively as they would if they were all sitting in the same building, with considerable savings to their clients, and increased profits for themselves. Most notably, this arrangement allows all of the lawyers to more seamlessly integrate their professional and personal lives. The morning "commute" might consist of carrying a cup of coffee from the kitchen into a home office while a lunch break can easily be a time to get outside and walk the dog. The attorneys at Virtual Law Partners report an increased level of satisfaction with this nontraditional arrangement.

Bringing creature comforts on-site
Other law firms have approached the work-life balance issue not by changing the location of the office, but by bringing more creature comforts and personal services into the office. Some employers offer childcare or fitness centers on-site, for example, while others provide dry cleaning services, yoga classes and massage therapy for employees. This model has been around for a while, as employers have long realized the benefits of keeping employees healthy and happy, but a new emphasis on family-friendly policies is on the rise. Working Mother magazine's list of top mom-friendly law firms includes many that offer 14 weeks of paid maternity leave (some even offer as much as 22 weeks), lactation rooms for pumping breast milk at the office and child care assistance–whether in the form of an on-site daycare center or an emergency service that gives parents a place to take sick children who can't go to school or daycare.

The “flex-time” option
Finally, a growing number of firms are offering part-time or flex-time partnerships. In 2006, the New York Times reported on a handful of law firms that had begun to offer meaningful positions–even partnerships–to part-time employees. ("Flex Time for the Rest of Us," by Lisa Belkin, December 17, 2006). Just a couple of years later, Working Mother claims that all of its 2008 "50 Best Law Firms for Women" allow reduced-hour employees to be promoted to partner, and profiles part-time attorneys at some of the nation's largest firms, including Bingham McCutchen in Boston, Sidley Austin in Chicago and Arnold & Porter in Washington. ("Focus on the Best Law Firms–Part-time Partners," by Katherine Bowers, August/September 2008).

The down side of part-time schedules
While the part-time partner track is still a relatively rare thing, many law firms do offer part-time or flexible work schedules. Or at least they say they do. What many associates will tell you is that their firm pays lip service to the idea of a part-time schedule, but, in reality, such arrangements rarely work the way they are intended. For one thing, even if a part-time schedule is technically "on the books" as an option for those who want more flexibility, many lawyers, especially young females, are reluctant to invoke such an option. They fear they won't be taken as seriously as their full-time counterparts, will be passed over for the best projects, will be left out of the loop, and will never be able to advance their careers, all valid concerns. In a firm where partnership is based not only on quality of work, but also on hours billed, clients gained and years logged at the office, a part-time employee is necessarily going to have a hard time keeping up.

But, wait, there’s more to the story
Which begs the question: Is a part-time schedule ever feasible for a lawyer? The answer is yes, and I am living, breathing proof. I don't work at a big firm, so I can't speak for all types of work environments, but it is certainly working just fine at my small firm.

When I had a baby early last year, I had every intention of going back to work full-time at my job with a nonprofit, public-interest firm. But a few weeks into my maternity leave, I realized that I had significantly underestimated how much work a baby was going to be. (If you're a mother or father, you realize what an understatement this is.) I could barely function day-to-day as it was, and I had no job "to go to." How was I going to go back to working every day, dealing with my clients' stressful situations, and then come home to my not-yet-sleeping-through-the-night infant? And what would happen when my daughter got sick and had to stay home from daycare, but I had an emergency hearing scheduled for 8:30 that same morning? I took a good hard look at my priorities, and decided something had to give.

A stroke of good luck never hurt
By a huge stroke of luck, a firm I had worked for one summer during law school was looking to hire an associate. The only catch was that this firm did almost exclusively litigation work, and I was certain they would want a young, energetic associate (read: not an exhausted new mother). I explained my situation to the managing partner and laid it all out on the table: I wanted a part-time schedule, predictable hours, meaningful work. To my surprise, he said, "Let's talk about it and see what we can work out."

More than a year later, I couldn't be more pleased with what we were able to work out. I work on Monday, Tuesday and Wednesday every week. On those days, I do research, write briefs and memos, meet with clients, and occasionally go to court. Not once has anyone asked me to work on a Thursday or Friday, and never has anyone made me feel like I'm not respected or valued just because I'm only there three days a week. I have been treated like a professional at all times–just one who isn't around two days a week. And, in turn, I can concentrate on work on the days when I'm at the office, because I know I have plenty of time during the rest of the week to take care of all of the other details that come with having a house and a family.

Taking a giant step
I realize I have a great arrangement, and I am profoundly grateful to my five colleagues (all men, by the way) who were open to this relatively unusual situation. I don't think I would be too presumptive, though, if I ventured to say that it has benefited us all. In my three days of work, I am able to bill more than enough hours to pay for my salary, and my ability to take on research and writing projects frees up other attorneys to go to court, meet with clients, serve on committees and stay connected professionally as a way to bring in referrals and other new business. And, unlike many parents I know, I don't feel like a hamster in a cage, endlessly running around in my wheel with no way to stop and take a breath. I regularly get to stop, take a deep breath and let out a sigh of relief that I have not had to sacrifice my professional life in order to bear witness to my daughter's first year of life. Now that's real work-life balance.
Glory R. McLaughlin, Redden, Mills, & Clark LLP, Birmingham

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