By: Guest author Janet Strevel Hayes
I have heard the question a million times - usually from another lawyer poking fun at the politically correct terminology. “Isn’t “flexible schedule” just a politically correct way of saying ‘part time’?” Hmmmm, I struggle to find the appropriate response. After all, most lawyers working a “flexible schedule” are working fewer hours and receiving less pay than their peers. Thus, it would stand to reason that they are “part timers.”
However, in my mind, “part time” conjures an image of a lawyer working specified hours, doing routine tasks until he clocks out, at which point the doors to the office and the courtroom are sealed shut while the lawyer disappears into his own world of personal oblivion until time to show up for the next appointed shift at the firm. While that may be the reality of some “part time” jobs, that is not an appropriate representation of flexible scheduling for lawyers.
Instead, “flexible scheduling” is, as the name suggests, a working relationship wherein the lawyer and the firm both agree to be very flexible in the work arrangement. In some senses, the flexible schedule is the epitome of professionalism in that the lawyer’s focus is on meeting the needs of clients rather than fulfilling a firm’s office hours requirement. The firm expects the lawyer to meet the needs of the clients and meet certain business expectations, then the firm allows the lawyer to determine how and when to best accomplish those tasks.
At its core, “flexible scheduling” seems to be this generation’s best effort to retain women in the legal profession. For years, women have struggled to find a role in the law. Initially, women fought to gain entrance into law school. Then many women who were stars in their law school classes were excluded from jobs within the profession. Now, the opportunities for women to work in the law abound. However, in many cases, it seems that we still struggle. There are some women who are able to continually dazzle jurors with brilliant stories in the daytime and sooth children with magical stories at bedtime. But for many of us, it has been difficult to soar as legal eagles once we become grounded with parenting responsibilities.
“Flexible Scheduling” is a solution offered by some law firms. While the model and method of implementation differs from firm to firm, the basic tenants of flexible scheduling are the same. First, flexible scheduling allows women to work from home. In our world of voicemail, e-mail, handheld wireless and laptops, we have all grown accustomed to working in remote locations. We work in hotels, on planes and in cabs, so why not work from home? Modern technology enables the lawyer working a “flex schedule” to stay at home and stay connected to clients and the office.
Another characteristic of flex scheduling is the ability to work varied hours. I’ve never met a successful attorney who worked nine-to-five. For years we have known that the law sometimes demands weird hours. The attorney working a flexible schedule works during the times when family needs can be met by a spouse or other caregiver. Sometimes that means writing briefs on Saturday nights and sometimes that means meeting with clients in the evening. In all cases, it means working at some times when most other people are not in exchange for being able to stay at home when most others are at work.
Finally, almost all “flexible schedule” models contemplate working fewer hours for some season of a lawyer’s life. At least one hiring partner at a large firm has joked that his “flex schedule” attorneys are a boon for the firm because they end up doing 100% of the work for 80% of the pay. However, most agree that committing to a flex schedule without committing to handle fewer cases is inviting failure for everyone. Some attorneys accomplish this workload reduction by utilizing associates or peers, others limit their practice to a select group of clients and others commit to working in support roles for other lawyers. Of course, the flex time lawyer should expect to pay a price for the reduced workload. The price tag may come in the form of less pay, missed opportunity for promotion, and/or limited potential for growth.
For most, flexible scheduling is not necessary and for many it is not worth the cost. However, for a few, like me, it is a fabulous opportunity. I have worked a flexible schedule for almost four years. Unfortunately, it has not proven to be the secret solution to the working mom’s eternal dilemma. (When I’m at home, I still worry about clients and cases. When I am at work, I still worry about childcare and children’s activities.) However, I am sane (mostly) and very happy. In the last four years, I have savored special mornings snuggling with my son and spending time helping with my daughter’s class at school - things I would have missed had I been obligated to be at the office. I have also savored the thrill of courtroom argument and enjoyed the accomplishment that comes with having a case against my client dismissed – things I would have missed had I given up my practice.
So call it what you want, “flex scheduling,” “reduced workload,” gee I don’t even care if you call it “part time.” For me, it has simply been a gift – a wonderful opportunity that my partners have given me to continue to shine for the clients who call me counselor while savoring precious moments with the angels who call me mom!
About the author: Knoxville Tennessee attorney Janet Hayes with Lewis King Krieg & Waldrop, PC, litigates a variety of civil defense cases in the state and federal courts of Tennessee. Her practice focuses primarily on the defense of employment-related claims, including workers' compensation, retaliatory discharge, sexual harassment, and discrimination. Ms. Hayes also writes and compiles advisory literature concerning new developments in Tennessee Law. Her most recent works include an Employer's Guide to the Law of Tennessee Workers' Compensation, An Overview of Sexual Harassment, Employer Drug Testing in Tennessee, and Employer's Guide to the Family and Medical Leave Act. Ms Hays article first appeared in the November 2006 dicta, the official publication of the Knoxville Bar Association.
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