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In-House Attorneys, Law Firms Spar Over Flex-Time, Part-Time Policies
The National Law Journal
April 03, 2009
Image: Photodisc Green
Law firm leaders and corporate general counsel at a recent meeting took each other to task over what each side can do to better support flex-time and part-time policies that advance women at firms, attorneys who participated said.
The eight top firm partners at the March 27 meeting in Chicago suggested that general counsel focus on flex- and part-time policies when hiring firms and deliver praise when they're satisfied with the programs, according to participants.
The seven general counsel want firms to be more transparent in using the programs and less reluctant to implement them, they said.
Although attorneys from both sides support the policies, they have misperceptions and differing positions about what's stymieing more use of the programs, said lawyers who attended the meeting.
Corporate clients need to "state openly that it's important," and that will give firm leaders more backing to do the same, said Dickstein Shapiro Chairman Michael Nannes.
The Project for Attorney Retention, an effort started by a pair of women lawyers who contend that the flex- and part-time policies help retain and advance women at firms, initiated the meeting with lawyers they consider leaders in the area. The project, which is funded by its law firm and corporate members, will bring the lawyers together again in June before issuing a best practices report.
A SLIM 17 PERCENT
The project grew out of dismay that women make up only about 17 percent of law firm partners despite graduating from law school in numbers equal to men for years, said Joan Williams, a University of California Hastings College of the Law professor who co-founded the project. Retaining women makes business sense, too, to avoid losing the talent and training costs of at least $200,000 per lawyer, she said.
In addition to Nannes, other attendees were Arnold & Porter Chairman Thomas Milch, Farella Braun + Martel Chairman Steven Lowenthal, Fenwick & West Chairman Gordon Davidson, Fulbright & Jaworski Chairman Steven Pfeiffer, Schiff Hardin Chairman Robert Riley, Sidley Austin Chairman Thomas Cole, DLA Piper Joint Chief Executive Lee Miller, Del Monte Foods Co. general counsel James Potter, E.I. du Pont de Nemours and Co. general counsel Thomas L. Sager, Wal-Mart Stores Inc. general counsel Jeffrey Gearhart, Allstate Corp. general counsel Michele Coleman Mayes, Accenture Ltd. general counsel Douglas Scrivner, Timberland Co. general counsel Danette Wineberg and former Shell Oil Co. general counsel Catherine Lamboley.
There were 12 firm partners and 12 general counsel invited.
Firm leaders argue that general counsel must initiate conversations about flex- and part-time attorneys because firms are too fearful that clients will see these attorneys as a threat to responsiveness or availability.
Corporate counsel should ask firms about the programs in the hiring or request-for-proposal processes and respond positively to firms using them, said Nannes, whose firm has 30 people in such programs.
When companies have good experiences with the programs, they should say so to top partners so decision-makers at the firm know the programs are working, the firm leaders said.
The participants agreed that communication and understanding each other's constraints are key to making the programs work, Davidson of Fenwick & West said.
Law firms shouldn't hide the programs from corporate clients out of fear that in-house lawyers will view them poorly, Potter of Del Monte said.
"The partners should not be saying to the associates 'don't let them know,'" Potter said. "It's difficult to reinforce a program when you don't know who's using it."
Attorney availability isn't as big a concern for in-house lawyers as law firms seem to think, said General Mills Inc. general counsel Rick Palmore, who was invited, but unable to attend the meeting.
"I have yet to talk to any of my colleagues who are from the 24/7 school," Palmore said. "When there's a crisis, you want your people to be available, but generally crises aren't 24/7."
To encourage the programs, law firms shouldn't penalize lawyers who use them by shifting them to nonpartner tracks or lower-priority work, Sager of DuPont said.
The increased use of technology, such as video conferencing, the economically challenging times and the changing law firm business model are all likely to increase the use of the flex- and part-time programs, the lawyers said. Part-time employees with flexible schedules may help firms reduce costs, Potter said.
The law firms "can't rely on their conventional business models anymore, particularly in light of this current economic environment," Sager said.
