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Lack of diversity and work-life balance are often treated as two separate problems in the legal profession, but a new initiative headed by the Project for Attorney Retention is seeking to find solutions that address both.

The Diversity and Flexibility Connection initiative will bring together managing partners from firms with good track records on work-life issues with a dozen general counsel from major U.S. companies, including the Coca-Cola Co. and Wal-Mart Stores Inc. Over the course of two meetings, the group will develop a list of best practices to promote both diversity and work-life among attorneys, said PAR co-director Joan C. Williams. It will also develop a metrics system to weigh how effective those practices are.

"Thus far, the conversations about diversity and work-life balance have been proceeding on parallels, and that doesn't really make sense," Williams said. "Your diversity initiative won't succeed because you can't retain women [without options to work flexible schedules]. We need to bring these conversations together, which isn't that easy."

It's not easy because law firm diversity initiatives often focus squarely on race, while work-life balance issues have traditionally focused on women, she said.

The PAR, part of the Center of WorkLife Law at the University of California Hastings College of the Law in San Francisco, advocates for reduced hours as a way for law firms to retain attorneys, particularly women and minorities. Its new initiative is intended to carry forward the idea behind the Call to Action -- the 2004 document calling for more diversity in the legal profession that nearly all Fortune 500 companies have signed. Williams noted that clients are often a major force behind change at law firms. James Potter, the senior vice president and general counsel at Del Monte Foods Co. and one of the 12 general counsel involved with the PAR initiative, said firms will respond if companies and clients make it clear that they are serious about diversity and flexible schedule options for attorneys.

"If they see the continued commitment by clients [to diversity and work-life balance] and if they see companies incorporating that into their own processes, the firms will have to respond," Potter said.

It's unclear what best practices the Diversity and Flexibility Connection initiative group will come back with when it releases its recommendations, which are expected in the fall. One potential point of discussion is disclosure of part-time attorneys to clients, Williams said. PAR has heard that some firms discourage part-time attorneys from informing their clients of their reduced schedules. As a result, clients contact part-time attorneys during all business hours, making it difficult for the attorneys to effectively work a reduced schedule. Williams said the group may discuss a best practice that calls for general counsel to tell firms that they expect to work with part-time attorneys, and that they also expect to be told when they do. That way, the company can respect their part-time schedule, Williams said.

Potter acknowledged that in their push for around-the-clock legal service, clients have sometimes undermined their own efforts to boost diversity at law firms. "We need to have a frank conversation about this, and I hope it sends the message that we are serious about diversity," he said.

The two meetings between law firm managing partners and general counsel are expected to be the first phase of the Diversity and Flexibility Connection initiative. A subsequent phase of the initiative will focus on how firms should implement the suggested best practices established in the first phase.

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