The Big Sleeper in the Retention Battle.

There has been a great deal of discussion recently in relation to staff retention and the enormous cost saving generated from effective retention strategies. Aside from the obvious strategies of rewarding and recognising staff and outlining a clear vision and strategy for employees, there is a sleeper in the staff retention war. Flexible work practices have emerged as a key area of focus for lawyers who are currently working or alternatively, are considering returning to work from maternity leave.

Firms who embrace flexible work practices will benefit enormously. Not only will they retain key senior talent, but they will forego the enormous cost of replacing senior lawyers.

Currently there is a shortage of qualified lawyers in the legal profession, particularly at the mid to senior level. Despite a steady stream of lawyers entering the profession out of University, firms are losing lawyers to a buoyant overseas market and to corporations once they gain their basic skills. A major, often unnoticed factor impacting on the skill shortage within law firms is the group of lawyers who struggle to secure part-time positions, mainly after returning from maternity leave. This relatively untapped pool of lawyers could plug a hole in the flow of lawyers out of the profession, so why isn’t it happening?

Flexible Work Practices – Fact or Fiction?

The majority of large law firms have well established flexible work policies in place and they actively market these policies to law graduates and lateral hires in an effort to attract them to their firms. There is no question that firms are serious about these policies and they are acutely aware of the impact that these issues have on lawyers who are assessing their firm.

But practically speaking, how flexible are Melbourne law firms? I recently spoke with several lawyers at a range of firms who are currently working part-time.

One senior lawyer who works part-time in a mid tier law firm works in a busy, often demanding practice area and has learned how to juggle her work and home commitments within a 3 day working week. The key to her success appears to be her willingness to be flexible around planning. She realises that from time to time, she needs to be present in the office on her days off. What she asks for in return is her colleagues’ understanding and patience. She works for a partner who respects her need for flexibility and asks the same of lawyers within different divisions of the firm. So far, the part-time arrangement is working and the key to its success appears to be a level of trust and understanding between the part-time worker and her firm.

Another senior lawyer recently moved from a top tier firm to a mid tier firm in order to secure a part-time working arrangement so that she could pursue an acting career in addition to her career in the law. She says that in order for a flexible working arrangement to work within a law firm, everyone needs to have the right kind of mindset. Flexibility on behalf of all parties seems to be the key and she points out that if both parties work together, the arrangement will work. She describes her 3 day working week as extremely effective and she “hits the ground running” when she gets to the office. She also points out that she often works more than her allocated 3 days however this seems to be part of the trade off for a successful flexible arrangement and she is willing to make this compromise.

Another top tier lawyer recently moved on from his firm as his request to work a 4 day week in order to pursue an interest in the Arts was met with resistance. He was quickly recruited by a mid tier firm who were willing to meet his request for a 4 day working week and the arrangement has worked well ever since.

Mid tier firms seem to be leading the way in an otherwise inflexible market and with quality talent coming out of top tier practices, these firms are the big winners.

Positive Role Models?

One of the major problems for law firms is their hard working culture. The majority of these firms are lead by Partners who have worked extremely long hours to get where they are and they do not know how to work any other way. Partners, particularly in top tier firms, often had to sacrifice time with their family for the sake of the partnership.

Generation X and Y lawyers think differently though. They are less interested in obtaining a partnership title and are happy to sacrifice promotions or salary increases for increased time with their families or in order to pursue other interests. Firms that adapt to this changing workforce will be the big winners.

Clients of large law firms have come to expect around the clock service from their lawyers. In an increasingly competitive market, lawyers are reluctant to say no to clients, afraid that the client may choose another service provider. In order for firms to embrace a flexible working environment perhaps they also need to change the mindset of clients so that all parties are contributing to a flexible environment.

Advice to Lawyers returning to work.

If you are looking to return to the workforce on a part-time basis it is important to clearly define your parameters. Be confident about your decision to work part-time and clearly state this in your application or during your first interview. Unfortunately, some firms may not be interested on this basis however be persistent and methodical in your approach and you should ultimately have success.

You may also benefit from the use of a recruitment consultant to guide you through the process. A recruitment consultant can often get you in the door of a firm and can work through any potential bias against part-time workers. They can also provide strong support through the difficult re-entry period.

You will also benefit from the use of networks in finding a part-time role. Start talking to peers, fellow graduates and ex colleagues and get a feel for the market and remember, it’s not what you know, but who you know!

Lawyers looking to re-enter the workforce on a part-time basis tend to find it difficult to join a law firm unless returning to their previous employer. In most instances, lawyers in this category tend to focus on looking for in-house roles within corporations. Traditionally, this has been a more flexible path as corporations are often well positioned to offer part-time or contract roles.

Conclusion.

There seems to be a large gap between the theory and reality of flexible work practices within major law firms in Australia. In a candidate short market, where qualified and experienced lawyers are at a premium, it may be time for firms to reassess their flexible work practices and ask the question, are we doing enough? Is there a market we could be tapping into for staffing resources that we are really not making the most of?

In an increasingly competitive legal market, where Partners are doing all they can to achieve their budgeted revenue and profit levels, the reality of a big firm environment seems to be anything but flexible. Lawyers are working exceptionally long hours and the demands on them are ever increasing, particularly if they are striving to make Partner.

Emerging technology enables lawyers to set up a virtual office, and the use of Blackberries, lap tops and mobile phones allows lawyers to remain contactable and up to date, no matter where they are. Firms who effectively use this technology and combine this with a flexible environment based on trust will be the big winners in the end.

© Dean & Ling Pty Ltd