The third annual Law Firm Flexibility Benchmarking Survey from The Diversity & Flexibility Alliance examined the availability and usage of flexible work policies in large US law firms and found that while 26 of 28 participating firms (93 per cent) have a formal written flexible work policy, the lawyer usage rates remained at or below 8.8 per cent for reduced hours, flexible start and end times, telecommuting, annualised hours and job sharing. 

Women

Women constituted the largest share of reduced hours lawyers, yet continued to be under-represented overall. Some 36 per cent of all lawyers are women, while 68 percent of reduced hours lawyers are women. The report also found that while there had been an increase in firms with flexible lawyers in leadership positions, flexible schedules were more common among non-partnership track lawyers.  For example, 43 per cent of participating firms had reduced hours lawyers in leadership roles including chairs, managing partners, department chairs and office heads. Yet, while 31.3 per cent of counsel lawyers have flexible schedules, only 1.2 percent of equity partners have such schedules on a formal basis. 

Minorities

The study also determined that lawyers of colour and LGBT lawyers remained under-represented among reduced hours lawyers.  While the share of lawyers of colour and LGBT lawyers who work flexibly increased slightly from last year, both groups were still underrepresented among reduced hours lawyers (13 per cent of reduced hours lawyers are lawyers of colour and only 1.1 per cent LGBT.) 

Optimistic

‘While we are optimistic about the growing number of major US law firms that have a formal flexible work policy, the usage rates are a better indicator of a culture that truly supports flex,’ said Manar Morales, President & CEO of the Diversity & Flexibility Alliance.  ‘For a flexibility policy to be successful it must be de-gendered, de-parented, de-stigmatized and integrated into the cultural norms of an organisation.  Otherwise many employees, diverse individuals in particular, often face bias and stigma related to working flexibly,’ she added.

Vision

‘Our vision for the future is an industry where all professionals are comfortable working flexibly and are confident that they are not impeding their career by doing so.’