New Career Paths for Lawyers

Many lawyers today seek unconventional career paths. Instead of career ladders that envision uninterrupted, full-time, upward movement toward partnership, lawyers now think in terms of career lattices that include lateral moves, flexible work schedules, and occasional periods away from practice altogether. This highly mobile 'free agent' lawyer population creates a dilemma for law firms. Firms need a stable group of lawyers to serve their clients and become the firm's future partners and leaders. Rather than risk losing lawyers, many firms are trying inventive approaches to create more flexible career paths. Here are five current trends.

1) Making Flexible Work Arrangements Fair and Effective. Almost all American law firms have policies allowing associates to work on flexible schedules, but very few lawyers take advantage of those policies. Most lawyers believe that working less than full time is a career killer. In too many firms, flextime lawyers are unfairly perceived as uncommitted to their work. They are given uninteresting or insignificant assignments, expected to work longer hours than agreed upon for reduced pay, and written off as not partnership material. Rather than put up with such work conditions, many flextime lawyers quit.

Firms are beginning to recognize that marginalizing or mistreating flextime lawyers results in a loss of highly capable, experienced talent. To make their policies more equitable and effective, many firms designate individuals responsible for ensuring that flextime associates receive appropriate work and that both the lawyer and the firm abide by the terms of a written agreement spelling out the flextime arrangement. To ensure that its reduced hours policy operates productively, Fenwick & West LLP, for example, has presented a series of workshops designed to prevent bias and discriminatory treatment against flextime lawyers and to demonstrate techniques for leading and working in teams with lawyers on diverse schedules.

2) Creating Non-Partnership Career Tracks. Many law firms allow experienced lawyers with particular expertise to continue working at the firm without becoming partners. These decisions are usually made on a case-by-case basis when a lawyer possesses a special talent or expertise that the firm needs. Some firms are now institutionalizing non-partnership tracks. They are creating 'Counsel' positions that recognize a lawyer's continuing value to the firm but will not lead to partnership. At Fenwick & West, associates who have the attributes needed for partnership but do not want to become partners, can opt instead to become Senior Counsel and remain in the firm long term.

3) Allowing Flexibility in Career Advancement. Not all associates shun partnership; some eagerly pursue it. Others need to slow their progress for a period of time (e.g., by reducing their workload). Some firms are eliminating or bypassing their lockstep systems in order to customize associate promotions. These firms may reward high-performing associates by accelerating their advancement to partnership or offer other associates an extended promotion track. For example, Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP promoted an associate to partner after five years in practice in recognition of his exceptional performance and ability to develop business.

In addition, while still uncommon, some firms are promoting to partnership associates who work reduced schedules. Weil, Gotshal & Manges LLP has created a new partnership position, 'flex-time partner,' for lawyers who intend to work flexible schedules for an extended period.

4) Helping Lawyers Return to Practice. Firms are beginning to appreciate that many women and men leave law practice for family, lifestyle, or other reasons, but plan to re-enter the workforce at a later time. To accommodate these lawyers, firms are instituting policies and programs to stay in touch with them while they are away from the office and help them transition back when they are ready to return. Skadden, Arps, Slate, Meagher & Flom has started a program called 'Side Bar' permitting lawyers to leave practice for up to three years. The firm also enables lawyers returning after parenting leave to transition back more easily using flexible schedules for up to 12 months. In addition, firms are beginning to recruit their alumni who have been out of practice for a while but might be interested in returning.

5) Offering Complex Contract Work. Firms are increasingly hiring lawyers on a contract basis, not just for routine or basic work but also for complex projects. Lawyers of all ages and experience levels find contract arrangements appealing. Instead of holding a permanent job with a future possibility of partnership, many lawyers prefer the independence, autonomy, and flexibility that contract work affords them. Some contract lawyers take time between projects to travel or pursue other activities. Moreover, technology enables contract lawyers to do much of their work remotely, making the arrangement especially attractive to lawyers who need flexibility for family responsibilities or personal pursuits.

Law firms need lawyers and lawyers want alternatives. Firms that embrace new kinds of career paths will be better positioned to attract and retain legal talent.

Ida O. Abbott, president of Ida Abbott Consulting LLC, www.IdaAbbott.com, helps law firms worldwide manage, develop, and retain their lawyers. She has more than 30 years of experience in law practice and consulting and is a fellow of the College of Law Practice Management.

Many lawyers today seek unconventional career paths. Instead of career ladders that envision uninterrupted, full-time, upward movement toward partnership, lawyers now think in terms of career lattices that include lateral moves, flexible work schedules, and occasional periods away from practice altogether. This highly mobile 'free agent' lawyer population creates a dilemma for law firms. Firms need a stable group of lawyers to serve their clients and become the firm's future partners and leaders. Rather than risk losing lawyers, many firms are trying inventive approaches to create more flexible career paths. Here are five current trends.

1) Making Flexible Work Arrangements Fair and Effective. Almost all American law firms have policies allowing associates to work on flexible schedules, but very few lawyers take advantage of those policies. Most lawyers believe that working less than full time is a career killer. In too many firms, flextime lawyers are unfairly perceived as uncommitted to their work. They are given uninteresting or insignificant assignments, expected to work longer hours than agreed upon for reduced pay, and written off as not partnership material. Rather than put up with such work conditions, many flextime lawyers quit.

Firms are beginning to recognize that marginalizing or mistreating flextime lawyers results in a loss of highly capable, experienced talent. To make their policies more equitable and effective, many firms designate individuals responsible for ensuring that flextime associates receive appropriate work and that both the lawyer and the firm abide by the terms of a written agreement spelling out the flextime arrangement. To ensure that its reduced hours policy operates productively, Fenwick & West LLP, for example, has presented a series of workshops designed to prevent bias and discriminatory treatment against flextime lawyers and to demonstrate techniques for leading and working in teams with lawyers on diverse schedules.

2) Creating Non-Partnership Career Tracks. Many law firms allow experienced lawyers with particular expertise to continue working at the firm without becoming partners. These decisions are usually made on a case-by-case basis when a lawyer possesses a special talent or expertise that the firm needs. Some firms are now institutionalizing non-partnership tracks. They are creating 'Counsel' positions that recognize a lawyer's continuing value to the firm but will not lead to partnership. At Fenwick & West, associates who have the attributes needed for partnership but do not want to become partners, can opt instead to become Senior Counsel and remain in the firm long term.

3) Allowing Flexibility in Career Advancement. Not all associates shun partnership; some eagerly pursue it. Others need to slow their progress for a period of time (e.g., by reducing their workload). Some firms are eliminating or bypassing their lockstep systems in order to customize associate promotions. These firms may reward high-performing associates by accelerating their advancement to partnership or offer other associates an extended promotion track. For example, Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP promoted an associate to partner after five years in practice in recognition of his exceptional performance and ability to develop business.

In addition, while still uncommon, some firms are promoting to partnership associates who work reduced schedules. Weil, Gotshal & Manges LLP has created a new partnership position, 'flex-time partner,' for lawyers who intend to work flexible schedules for an extended period.

4) Helping Lawyers Return to Practice. Firms are beginning to appreciate that many women and men leave law practice for family, lifestyle, or other reasons, but plan to re-enter the workforce at a later time. To accommodate these lawyers, firms are instituting policies and programs to stay in touch with them while they are away from the office and help them transition back when they are ready to return. Skadden, Arps, Slate, Meagher & Flom has started a program called 'Side Bar' permitting lawyers to leave practice for up to three years. The firm also enables lawyers returning after parenting leave to transition back more easily using flexible schedules for up to 12 months. In addition, firms are beginning to recruit their alumni who have been out of practice for a while but might be interested in returning.

5) Offering Complex Contract Work. Firms are increasingly hiring lawyers on a contract basis, not just for routine or basic work but also for complex projects. Lawyers of all ages and experience levels find contract arrangements appealing. Instead of holding a permanent job with a future possibility of partnership, many lawyers prefer the independence, autonomy, and flexibility that contract work affords them. Some contract lawyers take time between projects to travel or pursue other activities. Moreover, technology enables contract lawyers to do much of their work remotely, making the arrangement especially attractive to lawyers who need flexibility for family responsibilities or personal pursuits.

Law firms need lawyers and lawyers want alternatives. Firms that embrace new kinds of career paths will be better positioned to attract and retain legal talent.

Ida O. Abbott, president of Ida Abbott Consulting LLC, www.IdaAbbott.com, helps law firms worldwide manage, develop, and retain their lawyers. She has more than 30 years of experience in law practice and consulting and is a fellow of the College of Law Practice Management.