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ATTRACT AND RETAIN TOP ATTORNEY TALENT:LEVERAGING FLEXIBLE OR REDUCED SCHEDULES

(AND TECHNOLOGY!)TO KEEP THE BEST AND BRIGHTEST

KBA Annual MeetingJune 19, 2015

Moderator:

Amy Morgan, ShareholderPolsinelli PC

6201 College Blvd., Suite 500Overland Park, KS 66211

(913) 234-7512amorgan@polsinelli.com

Panel Members:

Heather Humphrey, General Counsel andSenior Vice President - Human Resources

Great Plains Energy and KCP&L1200 Main

Kansas City, MO

Kari S. Schmidt, Managing PartnerConlee Schmidt & Emerson, LLP

200 W. Douglas, Suite 300Wichita, Kansas 67202

(316) 264-3300karis@fcse.net

Kelly Stohs, ShareholderPolsinelli PC

6201 College Blvd., Suite 500Overland Park, KS 66211

(913) 234-7525kstohs@polsinelli.com

Biography of Kari S. Schmidt

Ms. Schmidt is the managing partner of the law firm, ConleeSchmidt & Emerson, LLP, located in Wichita, Kansas. Sheis also an adjunct instructor in the Barton School of Businessat Wichita State University and at Friends University,teaching graduate and undergraduate students She hastaught courses in Consumer Transactions, Legal Researchand Writing, Law and Banking, and Employment Law. Sheis an instructor for the Center for Management Development

and frequently presents at continuing legal education seminars. Her practice areasinclude employment law, probate, business law, and federal criminal defense.

Ms. Schmidt was previously Chief Legal Counsel for the Farm Credit Bank of Wichita,and then moved into commercial banking as Senior Vice President and General Counselfor Railroad Savings Bank, F.S.B., Wichita, Kansas. She supervised the legal, humanresources, quality control, loan review and shipping departments. She then took aposition as Manager of Employee Relations at Cessna Aircraft Company.

Ms. Schmidt is past President of the Wichita Bar Association and has served on boardsand committees of the Wichita, Kansas, and American, Bar Associations. Her otherorganizational affiliations include the Wichita Women Attorneys’ Association, ChamberMusic at the Barn, and the Wichita Association for Motion Picture Arts which sponsorsthe Tallgrass Film Festival.

Ms. Schmidt graduated from the University of Kansas and the University of KansasSchool of Law (1983). She is married to her law partner, Jeffrey Emerson.

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ATTRACT AND RETAIN TOP ATTORNEY TALENT:LEVERAGING FLEXIBLE OR REDUCED SCHEDULES (AND TECHNOLOGY!)

TO KEEP THE BEST AND BRIGHTEST

By Amy Morgan and Kelly Stohs

1. ATTRITION

a. The Issue: An equal number of men and women are graduating from law schools,but women are a stark minority in the upper tiers of law firms.

i. Law schools are graduating talented, driven, energetic women. Yet the top of lawfirms – the partners, managers, decision-makers – are primarily men. Despite thesteady flow of female graduates from law schools, there is significant disparity –an absence in many law firms – of women at the top.

ii. Nearly a decade ago, an article in the New York Times addressed the issue:“Although the nation’s law schools for years have been graduating classes that arealmost evenly split between men and women, and although firms are absorbingnew associates in numbers that largely reflect that balance, something unusualhappens to most women after they begin to climb into the upper tiers of law firms.They disappear.” O’Brien, “Up the Down Staircase: Why Do So Few WomenReach the Top of Big Law Firms?” New York Times, March 19, 2006. Many havebelieved the pipeline of female graduates would eventually reduce the disparity atthe top, but that does not appear to be happening. But the issue of attrition haspersisted. Id.

b. Statistics

i. National Association for Law Placement (NALP) Statistics regarding Women in2014

(1) NALP reported the following statistics concerning women in law firms in2014:

Role in Law Firm % of Women in that RolePartners 21.05%Associates 44.94%Summer Associates 46.33%Total Lawyers 33.48%

“Diversity Numbers at Law Firms Eke Out Small Gains - Numbers for WomenAssociates Edge Up After Four Years of Decline,” NALP Bulletin, Feb. 17, 2015.

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ii. Partners

(1) In 2005, only about 17% of the partners at major law firms nationwidewere women. Nearly ten years later, in 2014, only about 21% of partnersat major law firms nationwide were women.

(2) According to the most recent bulletin from the NALP, female partnerscontinue to make “small gains” in their representation among law firmpartners as a whole in 2014. Although the percentage of female associatesincreased a bit after eroding from 2010 to 2013, it has yet to go above the45% mark reached in 2009-2012. “Diversity Numbers at Law Firms EkeOut Small Gains - Numbers for Women Associates Edge Up After FourYears of Decline,” NALP Bulletin, Feb. 17, 2015.

iii. Equity v. Non-Equity Partners

(1) Are equity partners in multi-tier law firms disproportionately white males?The answer is decidedly yes — and new data are helping us to describe theunequal representation of men and women and minority and non-minoritylaw firm partners in these firms with additional precision. TheDemographics of Equity - An Update,” NALP Bulletin, Feb. 2013.1

(2) A recent analysis of recent data by NALP shows that in 2013, only 16.5%of equity partners were women and only 5.4% were minority. “TheRepresentation of Women and Minorities Among Equity Partners SeesSlow Growth, Broad Disparities Remain,” NALP Bulletin, April 2014.

(3) The recent NALP findings on women equity partners mirror recentfindings by the National Association of Women Lawyers (NAWL) thatfound “the 200 largest U.S. law firms report only 17% of equity partnersare women.” Id.

(4) [A]lmost 63.6% of male partners were equity partners as of February2013, while somewhat less than half, just over 47%, of both womenpartners and minority partners were equity partners, a differential of about16 percentage points. “Diversity Numbers at Law Firms Eke Out Small

1 “We have known definitively for nearly 20 years that law firm partnership ranks weredisproportionately made up of non-minority men. (NALP first began tracking the demographics of lawfirm partners in 1993.) With the emergence and growth of multi-tier partnerships, however, there hasbeen little data available to describe the representation of women and minorities among the narrowerclass of equity partners in these multi-tiered firms.” “The Demographics of Equity - An Update,” NALPBulletin, Feb. 2013. “Starting in 2011, NALP began asking law firms to report demographicinformation for equity and non-equity partners through the NALP Directory of Legal Employers. Withtwo years worth of data now available, the findings are many, but as first reported last year, there is adefinite skew amongst women lawyers and minority lawyers who are partners toward non-equity status.The good news, to the extent there is any, may be that this skew is not more dramatic than it is.Nonetheless, the bottom line is that partners in general continue to be disproportionately both male andwhite, and in multi-tiered firms, the skew amongst equity partners appears to be even greater.” Id.

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Gains - Numbers for Women Associates Edge Up After Four Years ofDecline,” NALP Bulletin, Feb. 17, 2015

(5) More dramatically perhaps, among equity partners, 83.5% were men,16.5% were women, and 5.4% were racial/ethnic minorities. (Theminority figures include both men and women, so the three figures add tomore than 100 %.) Among non-equity partners, the respective figures were72.4% men, 27.6% women, and 9.1% racial/ethnic minorities. Id.

(6) Finally, among all partners, the equity/non-equity split is about 60%/40%.Half of partners were male equity partners; 10% were women equitypartners; and just over 3% were minority equity partners . . . . Id.

iv. Part-Time Attorneys

(1) According to a NALP Workplace Questionnaire based on responses from637 law offices nationwide, 70.6% of these offices offer a part-timeschedule program. Judith N. Collins, Nat'l Ass'n For Law Placement.Findings From The NALP Workplace Questionnaire (2005). Althoughthis may be a considerable amount, 96.5% of those permitting attorneys towork a part-time schedule determine the schedule on a case-by-casebasis. Id.

(2) These statistics contrast remarkably when compared to part-time work ingeneral, which garners roughly 14% of working individuals as comparedto the average of 4% for working attorneys. Press Release, Nat'l Ass'n forLaw Placement, Few Lawyers Work Part-Time, Most Who Do AreWomen (Dec. 7, 2006). Even firms that pride themselves on theirwork/life efforts find their usage rates are only between 7% and 11%. SeePAR, “The Business Case for a Balanced Hours Program for Attorneys”(2007), available at http://apps.americanbar.org/labor/lel-aba-annual/2008/pdf/Williams2.pdf

2. WHAT IS CAUSING ATTRITION? WHY ARE WOMEN LEAVING?

a. “Firms want women to stay. Men at the firms want women to stay, and women want tostay. So why aren’t they?” O’Brien, “Up the Down Staircase: Why Do So Few WomenReach the Top of Big Law Firms?” New York Times, March 19, 2006 (quoting Karen M.Lockwood). “Law firms are way beyond discrimination — this is about advancementand retention. Problems with advancement and retention are grounded in biases, notdiscrimination.” Id. (quoting Karen M. Lockwood).

b. Factors Causing Attrition

i. Social Expectations / Childrearing. While there is trend toward more sharing offamily demands, the lion’s share still falls on women. Balancing the demands ofthe practice with family life. The need and desire to provide presence andpredictability at home. Challenge of balancing heavy workloads and

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unpredictable hours and expectations of a minimum number of billable hours.This is a difficult balancing act. And even if a woman is able to balance work andkids, there are often other demands and pressures regarding civic and professionalinvolvement, leadership in the community, client development, and other non-billable expectations.

(1) When analyzing the problem of attrition, you really cannot address theproblem without the social expectations and realities of childrearing andhousehold roles.

(2) One real solution is to reassess the role that women play in the family,develop a sense of shared responsibilities for the household and, mostimportantly, shared responsibilities for taking care of the kids. O’Brien,“Up the Down Staircase: Why Do So Few Women Reach the Top of BigLaw Firms?” New York Times, March 19, 2006.

(3) In addition to the “glass ceiling” issues that work against women in lawfirms, some have described a “maternal wall” that impedes theadvancement female lawyers. O’Brien, “Up the Down Staircase: Why DoSo Few Women Reach the Top of Big Law Firms?” New York Times,March 19, 2006. The maternal wall is “built on the unstated assumptionamong male partners that women who return to firms after having childrenwill automatically be less willing to work hard or will be less capable thanthey were prior to that – resulting in less-choice assignments or less-seniorpostings.” Id.

(4) Many women feel pressured into choosing between family and continuingpracticing law. “When a mother happens also to be a trial lawyer,flexibility in her firm can mean that she need not necessarily choosebetween her children and her career. Such flexibility, in many respects,equates to equal opportunity for female lawyers.” “A Career in theCourtroom, A Different Model for the Success of Women Who TryCases,” DRI White Paper (“DRI White Paper”), p. 31.

(5) Lack of on-ramps for attorneys returning to practice or returning to full-time practice. “Those who temporarily give up their professional dreamsto pursue child-rearing or other personal goals have a difficult, if notimpossible, time finding easily available on-ramps when they choose tore-enter the legal world.” O’Brien, “Up the Down Staircase: Why Do SoFew Women Reach the Top of Big Law Firms?” New York Times, March19, 2006

ii. Lack of effective mentoring relationships and Absence of Female Role Models

(1) Lack of effective mentors impacts not only development of legal skills butalso learning to effectively market and balance lifestyles. Mentoring ismore than training. A mentor is a trusted advisor. DRI White Paper, p. 29.

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(2) Absence of female rainmakers to model or learn from. This affects thedevelopment of young female associates and their confidence. They havelittle guidance in developing profiles that would make them strongcandidates for partnership. The lack role models to provide advice oncareer choices, opportunities to have client contact to develop rainmakingskills, intervention on their behalf with other partners, and delegation ofchallenging work to develop their skills as effective litigators. This oftenputs them at a disadvantage in comparison to their male counterparts.”DRI White Paper, at 19.

iii. Challenges in Networking and business development.

(1) Marketing / Developing a book of business, which are impeded by socialand moral expectations. Developing business takes time, which is onething that many female attorneys have do not have. Pressure to participateand find time to participate in professional and service organizations.

iv. Lack of flexibility / regimented criteria for partnership

v. Quality of work assignments (discrete assignments, lack of opportunity to viewthe entire case); Opportunity to prove yourself; Advancing beyond low-grade caseassignments.

(1) If women are given quality assignments and are given opportunities todevelop a feeling of value, they are more likely to be loyal to the firm andstay with the firm. DRI White Paper.

vi. Women are sometimes used as “tokens,” “bait,” or “window dressings” to enticeclients with diversity requirements.

(1) “A firm should not try to portray itself as diverse simply by employing‘window dressing.’ I have been included by my firm on marketing teamswith clients who have certain diversity requirements. As a woman and anethnic minority, it has been my distinct impression that I have beenincluded solely for the purpose of demonstrating to the client that thefirm’s makeup complies with the client’s requirements. This impressionhas later proved accurate when I have not been allowed to handle any ofthe work ultimately given to the firm by this particular client.” DRI WhitePaper, p. 30.

vii. Diversity breeds diversity.

(1) “Because so many women leave, there are fewer who have the power tochange things at the firm for future generations of women. As womenbecome partners and acquire more power within their firms and within theprofession, and as firms become more ‘family friendly’ in their cultures,improved recruitment and retention of quality female lawyers will likelyfollow.” DRI White Paper, p. 31.

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viii. Perceptions and behaviors of those in positions of power.

(1) Perceptions that women who have children are not as committed topractice as male counterparts. This creates a generalized bias in womenthemselves against moving up the law firm ladder and discouraging thosewho might otherwise be motivated to advance

ix. The Billable Hour Regime

(1) Form over Substance: Associates may be told they have 2 weeks ofvacation but they might as well be told they can take 20 weeks because ofbillable hour accountability.

x. Compensation and the Gender Pay Gap.

(1) “The pay disparity increases with seniority, as law firms’ subjectivedecisions regarding whom to reward for the origination of business, andhow much, often leave women lawyers shortchanged.” See A Note fromABA President Laurel G. Bellows and Task Force on Gender Equity ChairRoberta D. Liebenberg. “When Women suffer pay inequities, they oftenvote with their feet and leave.” Id.

xi. Social Challenges in Marketing, Pitches, etc.

(1) Challenges of having behavior misconstrued when marketing to clients.Underlying sexual overtones by virtue of the male-female relationship.Concerns regarding perceptions of one-on-one marketing events, such asdinners or other activities. Preference to market in a group.

(2) “Good Ol’ Boy” Club. Exclusion from certain marketing activities.Exclusion from pitches. Predominance of male marketing activities.

3. WHY SHOULD LAW FIRMS COMBAT ATTRITION? THE UPSIDE TOFLEXIBILITY….

a. Reducing attrition is good for law firm business.

(1) Forget about skin color or gender or whatever, if you want to run a greatbusiness, you need great, talented people.” O’Brien, “Up the DownStaircase: Why Do So Few Women Reach the Top of Big Law Firms?”New York Times, March 19, 2006 (quoting Michael M. Boone, foundingpartner of Haynes and Boone in Dallas, TX). “Even the largest firms are atrisk if they don’t do this.” Id.

(2) “With law firms courting major corporations that demand diversity withinthe ranks of those advising them, and with women increasinglydominating the top tiers of law school graduates, veteran lawyers say that

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promoting women’s legal careers is not just a matter of goodwill or high-mindedness. It’s also a winning business strategy.” Id.

(3) Studies show that nearly 80 percent of all associates have left their largelaw firm by the fifth year of practice. By conservative estimates, it costs$200,000—and can cost as much as $500,000—to replace a second-yearassociate. See PAR, “The Business Case for a Balanced Hours Program forAttorneys” (2007), available at http://apps.americanbar.org/labor/lel-aba-annual/2008/pdf/Williams2.pdf These costs include interviewing timespent by partners and associates at the firm, hiring bonuses, lost trainingcosts for the departed attorney and additional costs of training the newhire. Every time five associates walk out the door, a firm loses a milliondollars or more. Id.

(4) More than forty percent of new associates, and an even greater percentageof women and minorities, leave their firms by year three, even thoughassociates do not begin to reach ROI until at least year four. The Projecton Attorney Retention reports that it costs somewhere between $200,000and $500,000 to replace an attorney. Constant turnover and churn costsdearly. See http://abovethelaw.com/atl-human-capital/august-2014/.

(5) Thomson West estimates that US law firms are spending roughly $1billion each year on training and professional development for theirattorneys. The Hildebrandt Institute, “Changing Approaches To LawyerTraining: The Latest Battleground In The Growing War For Talent”(2006).

(6) Flexibility is good for business – and good for the profession

(a) The inflexible, billable-hours regime is an obstacle to jobsatisfaction for both sexes, a trend that is more pronounced amongthe most recent crop of law school graduates. O’Brien, “Up theDown Staircase: Why Do So Few Women Reach the Top of BigLaw Firms?” New York Times, March 19, 2006.

(b) As law schools graduate more women, firms will often find thatthe best possible candidates for associate positions are women. Toattract, retain, and motivate the best qualified individuals, firmsmust ensure equal opportunity to climb the firm’s ladder. Tomaximize the return on training time and dollars, they must adoptand implement policies that will foster loyalty among all associatesand develop the best possible future partners. This means that inthe years to come, law firms will have to implement more “userfriendly” policies and practices for women attorneys in order toretain them. They will need to track the progress of the womenattorneys within the firm to ensure that they are being promoted topartnership in sufficient numbers and given the same access as

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their male counterparts to professional and business developmentopportunities. It is important for law firms in today’s competitiveand socially diverse environment to reflect similar diversity at alllevels of the firm, particularly as an increasing number of womenattorneys become judges and general counsel of corporations. DRIWhite Paper, p. 25.

(c) Flexibility is not a novel concept. According to a new EY survey of9,700 full-time employees in eight of the world’s largesteconomies – the United States, the United Kingdom, Germany,Brazil, Mexico, India, China and Japan – employees listedflexibility as a top feature they want in a job. Flexibility rankedjust behind competitive pay and benefits. And they cited a lack offlexibility as among the top reasons they would quit.http://www.ey.com/US/en/About-us/Our-people-and-culture/EY-work-life-challenges-across-generations-global-study

(d) A full 67% of all respondents in the EY survey listed “flexibilitystigma” at a company as a big reason why they would quit. Id. Inother words, opting to telecommute a day or two a week or workflexible hours is great, unless the end result is that you’re denied apromotion or raise because your boss doesn’t support thecompany’s policy. Id.

(e) In one study, 45% of female law graduates cited “Work/LifeBalance” as the number one reason for choosing their currentemployers. Thirty-four percent of male law graduates reported thatwork/life balance was among their top three reasons for selectingtheir current employers. See PAR, “The Business Case for aBalanced Hours Program for Attorneys” (2007), available athttp://apps.americanbar.org/labor/lel-aba-annual/2008/pdf/Williams2.pdf

(7) To avoid incurring the expense and stress of attorney turnover, law firmsneed to understand and implement the best strategies to manage attorneyRetention. Top associates effectively meet client needs and successfullyachieve the firm’s organizational goals; it should be a top priority to securethe firm’s most productive and valuable attorneys.

(8) Increase Profit; Keep your Investments; “Keep the Keepers”

(a) As a result of disparities in pay between the sexes, and otherfactors, “[f]irms lose well-trained, talented women lawyers, andclients lose outside counsel with critical knowledge, experience,and familiarity with the client’s business. This severe talent drainalso impacts the bottom line as firms lose their investment in thesewomen lawyers and lose the potential revenue that women would

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generate if they remained with the firm. If today’s firms are tosurvive and thrive, they must retain, promote, and fairly rewardtalented women lawyers – before they leave.” A Note from ABAPresident Laurel G. Bellows and Task Force on Gender EquityChair Roberta D. Liebenberg.

(1) Judges come from litigator ranks – and when there is a small pool ofwomen to choose from, it hurts the odds.

(2) Be Competitive with Other Firms; Cutting Edge

(a) If there is an undercurrent against flexible policies at a firm, youcan bet there is another firm that embraces it and will attract andretain talent

ii. Diversity from a Client Perspective

(1) Companies are increasingly more interested in diversity, not only in theirregularly-retained firms but in the teams that represent them on single,one-off occasions.

(2) “With law firms courting major corporations that demand diversity withinthe ranks of those advising them, and with women increasinglydominating the top tiers of law school graduates, veteran lawyers say thatpromoting women’s legal careers is not just a matter of goodwill or high-mindedness. It’s also a winning business strategy.” O’Brien, “Up theDown Staircase: Why Do So Few Women Reach the Top of Big LawFirms?” New York Times, March 19, 2006..

(3) Companies are watching who is entering the legal work force versus whois staying and making partner – the numbers are discouraging.

(4) Clients want trial teams that look like the jury pools in the communitieswhere they try cases. A trial team can communicate more effectively whenit is representative of its audience. There is a growing trend amongclients, particularly larger corporations, to request women attorneys ontheir trial teams. DRI White Paper, p. 28.

(5) An increasing number of in-house attorneys charged with hiring andmanaging outside law firms are women.

iii. Other Benefits to Law Firms

(1) Flexibility Breeds Loyal, Longer-Term Attorneys and Leaders: Effectivepart-time policies help firms develop more committed, long-termattorneys. DRI White Paper, p. 34. A supportive firm culture reducesstress and develops a healthy firm culture. Reduces attrition. Attorneys

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tend to feel a genuine sense of loyalty and remain members of the firm.Id.

(2) Flexibility is good for everyone at the firm – not just women

(a) “There are two constituencies where work/life balance is ofparticularly urgent concern: Women and the so-called Millennials.”http://abovethelaw.com/atl-human-capital/august-2014/. It isimportant that law firms keep young people generally, whetherfemale or male.

(b) This is not just a women’s issue. And it is not just an issue forattorneys with young families. Having children is not the primaryreason most women leave law firms; most say they depart for othercareers or for different ways to practice law. O’Brien, “Up theDown Staircase: Why Do So Few Women Reach the Top of BigLaw Firms?” New York Times, March 19, 2006.

4. HOW DO LAW FIRMS COMBAT ATTRITION?

To retain the best and the brightest, the legal profession needs to focus on the issue of how lawfirms and lawyers – faced with today’s billable hour demands – manage attorney time.

a. PHASE 1: Embrace / Accept Idea of Flexibility

i. The issue of attrition is misunderstood and somewhat ignored by many. Why?

ii. How do you change the culture of law firms? This is difficult and will take time.

iii. The lawyers who have had positive experiences working part time have somethings in common:

(1) Their firms view part-time policies as beneficial to the organization aswell as the lawyer and not just as a concession [accommodation] to thepersonal needs of one or two attorneys.

(2) They have a part-time coordinator or a supervisor or an alliance with apartner who champions their cause and supports their efforts to setboundaries around their hours and their workload.

(3) They feel valued and not stigmatized.

(4) They also understand the bottom-line concerns of their managing partnersand communicate their investment in finding win-win solutions.

(5) They are good at promoting themselves within their firms so that the valueof retaining them is always obvious.

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(6) They have worked out arrangements with their firms so that a portion ofthe hours they work are not billable hours. Instead, they can continue toattend meetings or participate in committees or in some way remainintegrated in the life of the firm.

(7) In addition, these lawyers work for firms that are willing to be flexible: ifa shortened workday (i.e., physical presence in the office 6 hours a day, 5days a week) does not work, then they try an abbreviated workweek (i.e.,physical presence in the office 10 hours a day, 3 days a week). Whatcounts is that the firm and the lawyer work together to find what works forboth.

(8) These lawyers use electronic communication to its maximumeffectiveness.

(9) Finally, they have sufficient quality childcare or family support to allowthem to be flexible and responsive to client needs.

See Ellen Ostrow, available at http://www.lawyerslifecoach.com/article-archive/the-pain-and-the-promise-of-part-time-work-in-law-firms.

b. PHASE 2: Adopt / Implement

i. How do we close the gap at the top?

ii. More Flexible Models (How to define “Part-time” / “Reduced Schedule” / “Lessthan full time”

(1) Reduced number of lawsuits or matters to handle

(2) Abbreviated work week v. shortened work days (examples above)

(3) Available and accessible when needed

(4) Flexibility – no “I don’t work on Fridays, so don’t bother me then“approach

(5) Akin to sabbaticals or short-term disability leave where firms figure outhow to make it work

(6) Move away from the institutional model, the billable hour regime. Adoptmore flexible models

(7) Promote and retain women by offering flexible working schedules,leadership development and career planning programs, and transparentand dedicated mentoring — all buttressed by strong internal support andan emphasis on the bottom-line merits of its policies. O’Brien, “Up the

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Down Staircase: Why Do So Few Women Reach the Top of Big LawFirms?” New York Times, March 19, 2006.

iii. Make the Compensation Structure more Flexible

(1) % of full time = 50, 60, 75, 80%

(2) Eligibility bonuses – prorated

(3) A publication by the ABA addresses the gender pay gap. See Closing theGap: A Road Map for Achieving Gender Pay Equity in Law Firm PartnerCompensation, ABA (“Closing the Gap”). Closing the Gap sets forthtwelve recommended practices that can make the compensation processfairer and more transparent and create a level playing field for female andmale partners. Closing the Gap suggests that law firms should:

(a) Build transparency into the compensation process.

(b) Include a critical mass of diverse members on the compensationcommittee.

(c) Develop systems to promote fair and accurate allocation of billingand origination credit.

(d) Require diversity in pitch teams and related business-developmentefforts and ensure that diverse lawyers become a party of the clientteam when successful.

(e) Reward behaviors that promote institutional sustainability.

(f) Implement formal client succession protocols.

(g) Measure and report results.

(h) Develop a process to resolve allocation disputes promptly andequitably.

(i) Implement training for all involved in the evaluation andcompensation process.

(j) Engage the client’s role in gender equity.

(k) Implement systems to ensure equitable compensation for partnerson a reduced-hours schedule.

(l) Maximize the effectiveness of affinity groups.

iv. Develop Women’s Initiatives or Programs

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(1) Offer quarterly symposium for women attorneys to develop professionalrelationship with women clients and women attorneys in other firms. DRIWhite Paper, p. 28.

v. Technology

(1) “Firms must abandon the notion that if a lawyer is not in the office, incourt, or in a deposition, she must not be working.” DRI White Paper, at32.

(2) Creating a seamless work environment

(a) Impedes on personal space but makes physical location irrelevant

(b) Billing station = everywhere where there is internet and phoneaccess.

(c) Smartphone with e-mail. Consider removing the automaticsignature: “Sent from iPhone” on iPhone emails

(d) No. 1 Technological Necessity: Remote sign-in on laptop ordesktop computer = home office. EXAMPLES:

Citrixhttps://www.citrix.com/

GoToMyPChttp://www.gotomypc.com/remote-access/

Cisco Virtual Private Networkshttp://www.cisco.com/c/en/us/products/ios-nx-os-software/virtual-private-networks-vpns/index.html

(e) Scanning capability at office and at home office

(f) Paperless case files, accessible remotely

(g) Dual Monitors at office and at home office

(h) Teleconference line for calls so that attorneys working remotelycan participate in multi-party calls with clients, opposing counsel,courts, etc. EXAMPLE:

Soundpath Teleconferencinghttp://soundpath.com/

(i) Voice to text software, where voice messages are captured andretrievable via email so attorneys can see an email that they have

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received a voice message and can listen to that voice message viaan audio file attached to the email. EXAMPLE:

Mutare Electronic Voice Messaging (“EVM”)http://www.mutare.com/evm.asp

(j) Electronic timekeeping software that allows attorneys to enter theirown time electronically without the need of a legal assistant toinput it. EXAMPLE:

Carpe Diem® Electronic Time Sheethttp://www.timetracking.co.uk/products/carpediem/

(k) Consider providing mobile phone number to clients and colleagues

vi. On-Ramps

(1) Offer sabbatical policies and outreach practices so that women who departthe firm to raise children have an easier time re-entering the work force —and rejoining the law firm — when they are ready to do so. O’Brien, “Upthe Down Staircase: Why Do So Few Women Reach the Top of Big LawFirms?” New York Times, March 19, 2006.

vii. Some practices that demonstrate flexibility by successful firms include thefollowing:

(1) Being receptive to flexible work schedules, reduced hours, telecommutingand job sharing

(2) Having a written policy (part-time, flex-time) that is openly communicatedand adhering to it while periodically examining the policy to evaluate itseffectiveness

(3) Making the program available to all attorneys, regardless of gender,religious belief or tenure with the firm (e.g., childcare, eldercare, wantingreduced hours for lifestyle reasons)

(4) Involve practice leaders and firm management in evaluating individualrequests for alternate arrangements to determine feasibility and how toaccommodate the request while maintaining client demands

(5) Entering into an agreement with the participating attorney that sets forthboth parties’ expectations; the agreement should cover hours,compensation, benefits, eligibility for bonus, compensation in the eventthe attorney exceeds the agreed upon hours, and status on returning to full-time

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(6) Keeping the participant attorney on a partnership track – to the extentdesired by the attorney – commensurate with the hours worked by theparticipants and to the extent that participants meets other criteria forpartnership

(7) Monitoring those attorneys on reduced hour arrangements to discussscheduling, whether “schedule creep” is occurring.

DRI White Paper.

c. PHASE 3: “Buy-In”; Allowing Participation without Stigma

i. Today, even law firms that have adopted flexible policies have not “bought in.”

(1) The majority of firms offer part-time arrangements (approximately 70%according to the NALP Workplace Questionnaire). However, only a smallminority of women utilize the arrangement. Only approximately 4% ofworking attorneys are part-time. Press Release, Nat'l Ass'n for LawPlacement, Few Lawyers Work Part-Time, Most Who Do Are Women(Dec. 7, 2006). Even firms that pride themselves on their work/life effortsfind their usage rates are only between 7% and 11%. See PAR, “TheBusiness Case for a Balanced Hours Program for Attorneys” (2007),available at http://apps.americanbar.org/labor/lel-aba-annual/2008/pdf/Williams2.pdf

(2) The disparity between the availability of part-time and utilization isbelieved to arise from the perception that any reduction in the number ofhours signifies a reduction in commitment. That a part-time attorney doesnot make herself available to clients or might jeopardize her prospects foradvancement. DRI White Paper, at 33.

ii. “Buy in” requires modification of Firm’s Traditional Cultural; Top-Down; Action,not Lip Service

iii. How does a law firm “buy in”?

(1) Communications within the Firm: “If a firm decides to make acommitment to retain and promote its women attorneys, senior partners inthe firm must communicate such commitment from the top down and putinto place focused diversity efforts. These efforts include consciouslyconsidering overall diversity when assembling trial teams and, whenappropriate, designating a diversity partner or committee. There must bean eventual shift in firm culture such that diversity is truly embraced bythe firm as a whole. DRI White Paper, at 28.

(2) Communications outside the Firm: Recruitment and interviewing areimportant in managing attorney turnover. Advertise your flexible policiesin interview process; attorneys in firm need to tell recruits about it

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d. Any Flexible Arrangement Comes with Challenges

i. Working part-time can be an ego buster to the attorney because it may be atemporary financial step backward. But choosing to work part time is not solelyabout the math. While money matters in attorney satisfaction and motivation, notat the expense of overall work-life satisfaction.

ii. Child care, FAMILY (Many male attorneys may be able give their heart and soulto their work because they have a spouse at home tending to their families. Andwhile female attorneys give their heart and soul as well, some working mothersexpress a wish that they wish they had “wife” to help more at home.)

iii. Pulling all-nighters, versus work stress keeping you up at night

iv. Efficiency, delegation, time management

v. Secrecy of part-time, the Shhhh! Factor

vi. Not just a quality of life issue

vii. Not just personal balance. “Balance” may be a myth; “integration” may be a morerealistic approach. A new EY survey of 9,700 full-time employees in eight of theworld’s largest economies – the United States, the United Kingdom, Germany,Brazil, Mexico, India, China and Japan – found that a third of workers globallysay it has become more difficult to manage their work-life balance in recent years.http://www.ey.com/US/en/About-us/Our-people-and-culturestigma/EY-work-life-challenges-across-generations-global-study

viii. Not just concession or accommodation

ix. Some attorneys just believe that when it comes to part-time trial attorneys, “Itcan’t be done.” The part-time litigator is the “Sasquatch” of the legal world:Rumored sightings but never confirmed.

x. “Schedule Creep” = an attorney is assigned more work than can be handled in thetime contemplated by the reduced schedule. DRI White Paper, at 35; DRI,Women in the Courtroom: Best Practices Guide (2007), p. 13.