Another Firm Offers Unlimited Vacation For Associates

The new "take all the time you need" vacation model sounds great on paper, but is there a cynicism behind it?

sailboat sail away ocean sea sailingThe new trend sweeping Biglaw is the “unlimited vacation” policy. Paid vacation freed from an arbitrary “four week” restraint! You can finally take that two-month African safari! Who could possibly object to that?

Well, a lot of people actually. Because when you really think about these hip new policies, many lawyers are gonna get burned.

Hogan Lovells has joined the “unlimited vacation” party train, though it’s hardly the first participant. When reached for comment, the firm explained:

The firm has joined a number of its Am Law 100 peers in moving to an open vacation leave model which will allow attorneys to take unlimited vacation time as needed throughout the year. We recognize that our attorneys are professionals and, as such, it is increasingly important for them to have flexibility as they plan their schedules to fulfill both their work and personal obligations.

Let’s consider the pros of this policy. Flexibility is certainly a virtue. And in a world where firms are tagging people with vacation days even when they work for half a day, removing the artificial limit on vacation protects the poor sod who ended up turning a document at the beach. But really isn’t the better answer “stop charging vacation days when people have to work anyway”?

There’s also something to be said for having the freedom to take an “adventure” vacation before you’re too old to enjoy it. And yet, most people don’t actually like to vacation that way. After a week or two the silent majority of us just want to sleep in our own beds.

And isn’t “being a lawyer” the biggest impediment to flexibility? Certainly more so than whatever limit the firm places on vacation days. One tipster put it this way:

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Attorneys will be able to take an unlimited amount of vacation time, but no one will be paid out for accrued but unused vacation time when they leave the firm. Pitched by management as “take all the time you need” — but no one needed more vacation time when we can’t even use what we have. Pretty clear the firm just wants to stop paying out for accrued vacation time. Not sitting well with associates.

And there’s the rub. In an industry based on billable time, bonus-eligibility targets, and an almost constant stream of work on multiple matters with completely independent schedules, taking 10 vacation days a year is almost impossible already. Firms may not like paying out for unused vacation, but it’s the premium associates get for keeping their noses to the grindstone. It’s the just reward that the young, unmarried lawyers get for keeping themselves chained to their desks covering for everyone on taking days off to watch their kids perform in terrible plays.

I’m sure there’s a good proportion of decision-makers who honestly see this as a fair policy. But as I’ve said before:

I think [partners] all know, the kind of gun to your head honesty, they all know they’re setting the associates up for failure, because [those associates] just won’t be able to use it….

But hey, if you’re planning to lateral, my advice would be to take a nice couple-month vacation right before you announce it. You’re not going to be getting your bonus anyway, right?

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Unlimited Vacation Policies Are on the Rise: These Companies Aren’t Counting Your Days Off [The Street]

Earlier: Latham Lathams Accrued Vacation
Biglaw Perk Watch: Seyfarth Shaw to… Unlimited Vacation!