Best Practice #1: Nonstigmatized Flexible Work

Background: When PAR was founded a decade ago, “part-time” at law firms typically meant that lawyers faced the “haircut” (e.g., 60% of a full-time salary for 80% of full-time hours), were taken off partnership track, and encountered uncontrolled “schedule creep” (where a part-time schedule creeps back up towards full time). Due to the work of PAR and others, today many firms have moved away from old-fashioned “part time” towards best-practice balanced hours programs that differ in significant ways.

Participants in the Connection have adopted many of PAR’s best practices recommendations from its Model Balanced Hours Policy (available at www.attorneyretention.org). PAR’s recommendations recognize that, for reduced hours programs to be effective, they have to allow for professional advancement and provide checks on schedule creep. As indicated in the best practice below, careful implementation and monitoring to prevent stigma are key.

Best Practice: The law firm members of the Connection pledge to adopt the core components of a balanced-hours policy. These are:

  1. A written policy that provides for proportional pay (e.g., 80% pay for 80% hours), proportional bonuses, and full or proportional benefits.
  2. A promotion track that is at least proportional (e.g. someone who works an 80% schedule for four or five years would take a year longer to become eligible for partnership) and a proven track record of promoting part-time attorneys to partner.
  3. Consistent communication within the firm that flexibility is available to anyone who can make the case for a flexible arrangement that will enable delivery of timely and effective client service—and that such lawyers can be successful at the firm.
  4. A detailed business case developed and disseminated through the firm to document that flexibility without stigma is a business-based program that helps the firm attract and retain talent and better serve clients.
  5. A mechanism to ensure that balanced-hours lawyers have a proportional share of challenging work and access to business development opportunities.
  6. A coordinator who provides an initial point of contact for attorneys who are considering a flexible schedule, coaches lawyers working balanced hours, monitors and controls for schedule creep, and acts as an ombudsman who seeks a long-term resolution in cases of persistent schedule creep.
  7. Mechanisms to track, and hold accountable, if appropriate, practice group leaders and other partners for a persistent pattern of regretted losses among diverse attorneys, including those on balanced hours.
  8. Mechanisms to destigmatize parental leave for fathers.