Are law firms up to the challenge of adopting true flexible working policies?

The pandemic has forced firms to make work more flexible – but the status quo is both unsustainable and missing the mark when it comes to true flexibility, says Dana Denis-Smith, CEO at Obelisk Legal Support and founder of The Next 100 Years.

There has been a raft of announcements from law firms detailing their plans for the workplace post-pandemic. Almost all have an element of home-working combined with office work.

Even those firms that would prefer a return to a five-day week in the office must realise that going back to the pre-pandemic status quo is not an option. A recent Thomson Reuters survey found that 86% of senior lawyers wanted to see permanent changes to their working patterns and many were willing to leave their jobs and go elsewhere if this was not accommodated.

Those surveyed wanted to work remotely at least two days a week and see a 10% reduction in working hours, with a third willing to reduce their compensation in exchange.
The desire for flexible working is not new, particularly for women, for whom the ability to fit work around the demands of family life can be crucial to career progression.

In 2021, 18 years on from the introduction of the right to request flexible working, will we finally see the accommodation of true flexible working policies in the legal sector? Are law firms up to the challenge of effectively introducing flexible working policies that work in practice, and are they equipped to make a success of it?

Women we surveyed last year were under considerable strain as a result of lockdown and, of those with children, 91% were taking on extra childcare and home-schooling responsibilities, with 32% forced to reduce their working hours to do so.

Working from home in a national emergency is not flexible working as it should be. Developing flexible ways of working that are sustainable and work for everyone requires a new, more considered approach.

Firms making these changes will need to show leadership and consistency in their flexible working policies. It should not be left up to individual managers and partners to decide how much time their teams spend in the office – there will always be some who object. It will require a change in the culture of organisations that must be driven from the top.

Firms will have to look at billable hour targets. It is all very well to offer flexibility but, if lawyers are still expected to hit sky high targets for hours worked, then, apart from cutting out a commute, those looking for a better balance between work and family life are unlikely to see huge benefits.

Remote workers are apparently putting in more time at their desk than ever before but working long hours at home can bring its own problems. The blurring of lines between work and home life can cause stress and burnout so law firms will have to look at ways to draw boundaries between the two.

The rise of flexible working is one of the few positives to emerge from the pandemic and is a real opportunity to change the culture of the legal sector. The inability to fit work around family life has long been a barrier to progression for women and so, at Next 100 Years, we will be doing more to look at how law firms are managing this transition, hearing from the firms that are making it work and looking at what we can learn from other industries that are leading the way.