Biglaw, Perks / Fringe Benefits

Which Firms Are Doing Right By Their Staff?

Biglaw firms don't necessarily offer staff the same benefits as attorneys. Kudos to those that do.

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Back in April, we pointed out that a number of Biglaw firms are offering second-class benefits to staff members, unbeknownst to most lawyers.

While the benefits gap can manifest itself in a number of ways, the disparity that seems to generate the most ire is in family leave. There’s a reason, grounded in scarcity and specialization, to pay attorneys more than the staff. But there’s not much reason why an attorney needs more time to bond with a newborn than someone in human resources would. Perhaps the firm knows that its associates are so socially dysfunctional they need an extra several weeks to seem human? That’s certainly a colorable argument.

Here’s one story that’s representative of a number of tips we’ve gotten:

In the NY office of my big law firm, attorneys get 18 weeks paid (with the option to extend to 6 months off with unpaid leave). Staff must first use 2 weeks of accrued PTO, then get 6-8 weeks paid (with the option to extend to 12 weeks with unpaid leave under FLMA). It’s a huge difference. Basically attorneys get 2-3 times as much paid leave and the option to have twice as much total time off if they wish.

While there’s a laudable trend toward gender-neutrality in family leave policies, women remain the ones who do most of the work on the whole “giving birth” front, and that’s what makes the gap in this area intriguing. Law firm staff is, generally, more heavily female than the attorney ranks, and yet a benefit traditionally intended for women is routinely tilted in favor of attorneys.

Firms extending leave for attorneys are quick to explain the move in terms of diversity. For example, Orrick cited the need to increase gender diversity for its generous maternity leave policy:

“At Orrick, one way we’re seeking to attract women, and inspire them to stay and lead, is by expanding our parental leave policy,” he said. He noted that a 2007 report found that the biggest reason women give for leaving the track to a law firm partnership is the conflict between combining the long hours required with caring for children.

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The fact that attorneys face challenges that staff members don’t justifies offering different solutions, but does a longer leave period really address the unique challenges attorneys face in taking care of kids? If the grueling work schedule of attorneys — the inability to go home most days at an assigned hour — presents the unique child-rearing challenge, more weeks off after birth doesn’t seem to address that specific problem. If attorneys had more personal time to run errands they miss out on by not generally being off the clock at 5 or 6, that would be a disparity tailored to the challenges of an attorney raising kids. The extended leave period, on the other hand, just seems like a blunt-object solution to the much more nuanced problem of improving diversity.

The same article cited above notes that Orrick actually provides a robust staff leave policy of 14 weeks paid. Even though that’s less than attorneys get, this puts Orrick in the good column in light of several tips we’ve gotten.

Some firms eschew the attorney-staff disparity entirely. Lowenstein Sandler offers a gender-neutral leave policy and gives it to both attorneys and staff. Years ago, we profiled Arnold & Porter adopting a policy that also bridged the attorney-staff divide. Highlighting these firms is just as important as identifying those that fall short when it comes to taking care of their staff.

Most of Biglaw just wants to be part of the cool crowd. It’s why they fall all over themselves every year to offer the exact same bonuses. If more firms knew that the cool firms were treating their staff members better, maybe they’d all make the jump.

Law Firm Adopts Gender-Neutral Family Leave Policy [Big Law Business]

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Earlier: Biglaw Firms Offer Second-Class Benefits To Staff
Biglaw Firm Makes Big Waves With Gender-Neutral Parental Leave Policy
Biglaw Perk Watch: Good News for Parents, from Davis Polk and Arnold & Porter

HeadshotJoe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.

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