A Career in the Courtroom: A Different Model for the Success ... - DRI

Recognition of the existence of a life outside the law is of paramount importance to
the psychological well-being of practicing attorneys. Lawyers who are satisfied with
their personal lives are generally more productive in the workplace. Fewer distractions
in a lawyer’s personal life often translate into more professional efficiency and
enthusiasm. A supportive firm culture, with real opportunities for advancement notwithstanding
obligations outside the office, is likely to reduce the attrition rate among
lawyers. The reduction in attrition, in turn, serves to bolster the firm’s profitability
since these lawyers, in whom the firm has invested thousands of training dollars,
tend to feel a genuine sense of loyalty and remain members of the firm. Loyalty is,
after all, generally a reciprocal response.
The results of a study conducted on behalf of the Women’s Bar Association of
Massachusetts in 2000 tend to refute the notion that limiting part-time work opportunities
or making them relatively undesirable will bring about a more profitable work
force. In the absence of a supportive environment, attorneys leave—they do not
become long-term, full-time attorneys. Most attorneys with a reduced-hours arrangement
choose that arrangement because of family responsibilities and other commitments.
These responsibilities and commitments do not vanish because their firm
would prefer that all attorneys bill more hours. In fact, over 90 percent of respondents
who had a reduced-hours arrangement at the time of the survey stated that they would
not be at their firm in the absence of part-time opportunities. Thus, rather than helping
firms financially, ineffective part-time policies alienate a significant portion of
the potential talent pool in an era when firms increasingly need attorneys to handle
their workload. In contrast, effective part-time policies help firms develop more
committed, long-term attorneys. 30
Another study, by the Atlanta Bar Association, examined the profitability of parttime
lawyers and took issue with the common perception that overhead for each lawyer
is fixed, whether that lawyer works part-time or full-time. 31 The Atlanta study
suggests that actual expense incurred for part-time attorneys is lower than that for fulltime
attorneys because they use fewer firm resources (e.g., support staff, conference
rooms, library resources), and part-time policies improve retention, thus reducing
attrition costs. Perhaps more compelling still,
[a] wide array of research indicates that part time employees are more
productive than their full time counterparts, particularly those working
extended hours. Bleary burned-out lawyers seldom provide cost-effective
services, and they are disproportionately prone to stress, substance abuse,
and other health-related disorders. Moreover, full-time employees are not
necessarily more accessible than those on reduced or flexible schedules.
30 More Than Part-Time: The Effect of Reduced Hours Arrangements on the Retention, Recruitment,
and Success of Women Attorneys in Law Firms, 22 (Employment Issues Committee,
Women’s Bar Association of Massachusetts, 2004).
31 It’s About Time: Part-Time Policies and Practices in Atlanta Law Firms, 22 (Georgia Association
for Women Lawyers, Atlanta Bar Association Women in the Profession Committee,
Georgia Commission on Women, 2004).
34 A Career in the Courtroom: A Different Model for the Success of Women Who Try Cases