Biglaw

Biglaw Firm 'Outs' All Of Its Flextime Attorneys On Its Website

This is unnecessary, and it could do a huge disservice to a worthwhile work/life balance initiative.

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working momUPDATE (4/18/17, 8:20 p.m.): Please note the UPDATE at the end; there’s a difference between Littler’s “FlexTime Attorneys” and its lawyers who are on reduced schedules.

Many Biglaw firms tout their work/life balance policies, proclaiming to the world that attorneys who work at their firm will be able to work on flexible schedules on their own terms. But should those firms disclose to others the names of the lawyers who have decided to take advantage of those generous policies?

This is exactly what’s happening at Littler Mendelson. The firm identifies each and every one of its flextime attorneys on its website, all 74 of them (and unsurprisingly, the vast majority of them are women). Though the designation doesn’t apply to Littler’s full-time attorneys, the fact that the firm specifically calls out those who are part of the flex-time program could potentially be stigmatizing. The Careerist has more information:

Littler shareholder Scott Forman, who created the flextime program, says it’s “designed for those looking for work/life balance.” He adds that means participants work “significantly fewer overall hours,” and that there’s “no expectation of client development, speaking engagements or article writing.”

The program was born out of the recession of 2008, explains Forman, when firms faced a market shakeout. He adds that the policy also acknowledges the reality that not everyone wants or can be a partner. …

And do clients think less of those lawyers on the flextime arrangement? Not at all, Forman says.

Why is there a need to specifically call out each of the attorneys who participate in this program on the website? After all, as Vivia Chen notes, “the term ‘flextime’ doesn’t have the greatest connotation. More often than not, it suggests a female professional who’s not fully vested in her career.” Lauren Stiller Rikleen, who consults on issues having to do with women’s success in the legal profession, agrees: “[It] signal[s] that there is still some stigma attached that the workplace may be trying to get past.” An anonymous female associate who spoke to Chen thought that the policy of outing attorneys participating in the program on the website was a “horrible idea,” offering this comment: “It basically is saying to the world of clients that I won’t be always available for you.”

That unnamed associate has a great point. By listing all of its flextime attorneys on the website, Littler is essentially giving its clients an excuse to request that these attorneys aren’t staffed on their cases — they’ve already been given notice that the attorneys won’t necessarily be dedicating all of their attention to the matter.

We’re of the opinion that law firms shouldn’t out attorneys who want to partake in these work/life programs. They’re being specifically offered so that associates are able to retain some semblance of a life outside of working hours (not to mention the fact that they’re being offered to remain competitive with other firms). Give your associates a chance to succeed under the auspices of these policies before giving clients a reason to refuse to work with them. Publicly outing your flextime attorneys in this manner could prove to be a huge disservice to your firm’s work/life balance initiatives.

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UPDATE (4/18/17, 8:20 p.m.): We received this statement from Littler shareholder Scott Forman, founder of the Littler CaseSmart program, after the publication of this post:

The blog post in American Lawyer completely mischaracterized Littler’s FlexTime Attorney (FTA) program and showed a lack of understanding of the difference between our FTA position and our policies for offering reduced schedules for associates / shareholders. The FTA position is a distinct position within our Littler CaseSmart platform that we recruit for both within and outside of Littler – it is not a “policy” that we apply to lawyers who want reduced schedules.

If associates or shareholders are on reduced schedules, we do not note that on their biographies, nor should we. However, since FTAs are a separate and dedicated position, we do feature them on our website. Our FTAs are an important part of our team and the service we provide to clients, and we believe that not showcasing them on our website would say something about their value within the firm.

It is unfortunate that these pieces advocate for keeping attorneys who choose alternate career paths behind the scenes, rather than focusing on the positives that firms are now offering more options for attorneys beyond a traditional associate / shareholder role. To be sure, alternative career paths, such as Littler’s FTA position, help capture a diverse group of individuals back into the workforce who otherwise might be excluded due to their personal life circumstances.

Should Firms ‘Out’ Lawyers on the Work/Life Balance Track? [The Careerist]

Staci ZaretskyStaci Zaretsky is an editor at Above the Law. She’d love to hear from you, so feel free to email her with any tips, questions, or comments. You can follow her on Twitter or connect with her on LinkedIn.

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