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A. Introduction
The Firm recognizes that individual lawyers who have strong commitments to the practice of law may, at times, find it necessary to adjust or reduce their work schedules. The Firm has a strong commitment to providing alternative work arrangements for lawyers in appropriate circumstances and has for many years had a policy of approving such arrangements on an individual basis. Part-time policies were very feasible and worked successfully in a number of situations, but lawyers have requested detailed guidelines rather than general principles. Accordingly, these specific guidelines have been prepared in order to provide guidance and clarity regarding the Firm’s approach to alternative work arrangements. These guidelines do not apply to eligibility for leaves of absence covered by state or federal family and medical leave laws or other law.
The Firm believes that lawyers can and will remain committed professionals while working on alternative schedules, and that such schedules should not suspend opportunities for career development, experience, and advancement. Therefore, as allowed by law, the Firm will make every reasonable effort to accommodate requests for alternative schedules from lawyers willing to work at least 1,000 billable hours and to maintain regular office hours. The Firm also recognizes that to work effectively, an alternative work schedule must be fair to all lawyers in the office and responsive to the needs of its clients. Shareholders and associates will make good faith efforts to ensure that lawyers on alternative schedules can meet their obligations in a manner consistent with their designated work arrangements. The Firm will not consistently expect or require lawyers on alternative schedules to be at the office, or to work at home, during their off hours. It is, however, important for lawyers on alternative schedules to remain flexible and to accommodate client and Firm needs involving travel, irregular or extended hours, or occasional highly concentrated periods of work. Availability on a flexible basis may be important to a lawyer’s career development and advancement. Parties will communicate promptly concerning perceived problems and proposed solutions with respect to maintaining the approved alternative work schedule.
These guidelines are intended to apply to lawyers who are willing to make a proportionate commitment to non-billable activities and to structure a work schedule which will enable the lawyer to handle the same sort of matters as a full-time lawyer including flexibility in accommo-dating client needs. If a lawyer cannot devote a proportionate amount of time to non-billable activities or provide some work schedule flexibility to enable the lawyer to respond to client and Firm needs, the lawyer should consider a special counsel position (to which these guidelines do not apply). Questions about these guidelines should be directed to the Alternative Work Schedule Advisor or the Managing Partner.
B. Eligibility and Duration
All lawyers with at least two years of appropriate legal experience (whether at the Firm or elsewhere) are eligible to request an alternative work arrangement. There is no predetermined limit to the number of individuals who may work an alternative schedule or to the length of time of such arrangements. However, in considering such requests, the Firm will take into considera-tion not only the needs of the attorney making the request, but also the needs of the Firm and its clients.
C. Alternative Schedules
An alternative work schedule may be structured in any number of ways, including reductions in the number of hours in a day, days in a week or hours per year. Because the schedule that is effective for one attorney may not be effective for another, individuals have wide latitude in presenting alternative work arrangements to the Firm for consideration as long as the following conditions are met:
- 1. The lawyer works at least 1,000 annual billable hours per calendar year and evi-dences a reduced but proportionate commitment to nonbillable activities.
- The lawyer is sufficiently available in or out of the office to meet the needs of clients, colleagues, staff, and other appropriate parties.
- The lawyer remains in contact with an assistant and is reachable on a reasonable basis during off hours in case of an urgent matter.
- The lawyer remains sufficiently flexible to accommodate exceptional needs and highly concentrated temporary periods of work.
D. Compensation
Associates
Associates on alternative work schedules will receive salary proportional to attorneys of the same class in which they are grouped for compensation purposes. For example, an associate committing to and consistently meeting 80% of a standard schedule (currently 1,800 billable hours and a satisfactory number of nonbillable hours per year) will earn 80% of the standard salary for an associate in his or her same class. Associates on alternative work arrangements shall remain eligible for bonuses, which will be determined based upon the associate’s reduced work schedule and the other factors normally considered by the Compensation Committee. If an associate’s alternative work schedule results in a reduction of 10 months or more, and the progression toward shareholder status is deferred (see Section G), an associate generally will thereafter, for compensation purposes, be considered to have moved to a more junior class commensurate with the deferral. This class adjustment would generally occur on the following July 1. For example, a fifth year associate whose progression toward shareholder status is deferred under Section G would, on the following July 1 when such associate would otherwise be considered to be a sixth year associate for compensation purposes, remain a fifth year associate and will be grouped with the incoming fifth year associates on July 1 for compensation purposes. Associates working on alternative schedules will continue to receive the standard associates’ benefits package, provided that they maintain the minimum number of hours per week required by Firm insurance policies and retirement programs.
Shareholders
Compensation (including draw and bonus) for shareholders working on alternative schedules will be determined by the Compensation Committee in the same manner as for other shareholders, taking into consideration the shareholder’s reduced work schedule and all of the factors normally considered by the Compensation Committee. Shareholders working on alternative schedules will continue to receive the standard shareholders’ benefits package, provided that they maintain the minimum number of hours per week required by Firm insurance policies and retirement programs. If benefits are based on compensation, such benefits will be determined by reference to the compensation for such shareholder for such year.
E. Nonbillable Responsibilities
Lawyers working on alternative schedules are expected to make a reduced but proportionate commitment to nonbillable activities such as client development, firm administration, marketing, recruiting and community service.
F. Work Assignments
Although lawyers working on alternative schedules cannot be expected to handle the same volume of matters as a full-time lawyer, it is anticipated that the proposed work schedule will not preclude, and such lawyers will be given opportunities to handle, the same sort of matters as full-time lawyers, including work that assists professional growth and development. Consistent always with the needs of our clients, lawyers on alternative schedules should expect to receive assignments commensurate with their experience and expertise rather than a disproportionate share of routine matters.
G. Shareholder Track
Progression towards shareholder status shall not be affected if an associate’s alternative work schedule, on a cumulative basis, results in a reduction of 9 months or less. On the other hand, if an associate’s alternative work schedule results in a reduction of more than 9 months, progression towards shareholder status will be deferred for shareholder consideration. Reduc-tions of more than 9 months to 18 months would result in being deferred for shareholder consideration for one year; reductions of more than 18 months to 24 months would result in being deferred for shareholder consideration for 2 years; and reductions in excess of 24 months will be evaluated on an individual basis. For example, an associate who works on an 85% schedule for four years and then returns to a full-time schedule will be treated as having 7.2 cumulative reduced months as a result of the alternative work schedule and will be considered for shareholder status with other associates of his or her class. Similarly, an associate may work on a two-thirds schedule for two years without being deferred for shareholder consideration. An associate who works on an 80% schedule for five years and then returns to a full-time schedule will be treated as having a 12 month reduction as a result of the alternative work schedule and will generally be deferred for shareholder consideration for one year.
Taking a part-time schedule for an extended period may, however, affect an associate’s readiness for shareholder status, since reduced experience may delay professional development. The extent of the delay, however, will depend upon the capabilities of the particular lawyer. An associate who believes that a reduced work schedule has not affected their readiness for share-holder status and that their aggregate hours, work experience, expertise level and skill set is, on balance, comparable to that of the other full-time associates of their class, should discuss such issue with his or her supervising lawyer, team leader and the Managing Partner and the parties will address whether deferral is appropriate in that instance. An associate on an alternative schedule need not return to full-time status in order to be considered for shareholder status. The associate should stay in communication with his or her supervising attorney, team leader and others to ensure that his or her progression towards shareholder consideration is consistent with expectations.
H. Availability
The parties shall agree on a system for handling messages, information requests and emergencies when a lawyer on an alternative schedule is out of the office. Lawyers on alternative work schedules should be reasonably accessible for questions during non‑working hours. Arrangements should be made for contacting the attorney or for referring urgent matters to another lawyer.
I. Alternative Work Schedule Advisor
The Firm will appoint an Alternative Work Schedule Advisor to assist lawyers who are working on an alternative schedule or who are requesting such an arrangement. The Alternative Work Schedule Advisor’s role will include advising the lawyers on alternative work arrangements in place at the Firm and assisting the lawyers in preparing their requests. The Alternative Work Schedule Advisor may also facilitate the cooperation of other lawyers in making the alternative work schedule program successful.
J. Requests for Alternative Work Schedule Status
A lawyer wishing to work an alternative work schedule should first explore the type of alternative work arrangements of other lawyers in the Firm in order to determine which type of schedule would best suit his or her individual needs. Information about alternative work schedules is kept by the Alternative Work Schedule Advisor. The lawyer should work with the Alternative Work Schedule Advisor to draft a proposal. Draft proposals should include the elements identified on Exhibit A. Draft proposals should be reviewed by the Alternative Work Schedule Advisor and the lawyer’s supervising attorney and team leader. The supervising attorney and team leader will be asked to consider various factors relating to how work will be performed under the proposed alternative work arrangement. The Firm anticipates that if the supervising attorney and/or team leader have objections to the proposal, they will discuss the objections and suggest revisions to the submitting lawyer. The team leader will forward the proposal, with his or her recommendation as to approval, to the Managing Partner for final consideration. Upon approval of a lawyer’s alternative arrangement, the supervising attorney and team leader shall be responsible for facilitating the success of the arrangement and the cooperation of other affected lawyers.
K. Review of Alternative Work Schedule Arrangement
The work of lawyers on alternative schedules will be evaluated in accordance with the Firm’s review process for full-time lawyers. In addition, for at least the first year of any new arrangement, formal communications will generally be conducted at six month intervals to determine whether the alternative arrangement is effective for all concerned. In addition, the lawyer and his or her supervising attorney and team leader are encouraged to communicate with each other and/or the Alternative Work Schedule Advisor on an ongoing basis about issues that arise regarding any alternative work schedule. If the hours worked are substantially different from the specified schedule, if the lawyer’s professional development is materially impeded, or if the arrangement is otherwise unsatisfactory to the lawyer, clients, colleagues or the Firm, the parties will revisit these arrangements and discuss strategies for addressing these problems.
L. Extended Leave
Any leave of absence will be aggregated with work schedule reductions for purposes of Section G (Shareholder Track) and Section D (Compensation). For further discussion of leaves of absence, please refer to the Leave of Absence policy located in the Attorney Guidebook.
M. Ongoing Review
The Firm will monitor these guidelines on an ongoing basis to assure that they meet the needs of the Firm, its lawyers and clients and reserve the right to modify the same accordingly.
EXHIBIT A
ELEMENTS OF ALTERNATIVE WORK SCHEDULE PROPOSAL
- Identify the proposed alternative work schedule. State the number of billable hours to be worked per week/month/year.
- Identify the duration of the alternative work schedule if an ending point is contemplated.
- Identify any work that would need to be reassigned, delegated or performed differently.
- Describe availability for working extra hours if necessary.
- Identify the nonbillable work performed by the lawyer and the proposal for addressing nonbillable activities on alternative work schedule.
- Describe the message to clients (if any) about the alternative work schedule.
- Describe accessibility when outside the office.
- Describe how emergencies will be handled on off hours.
- Describe how the proposed alternative work schedule will assure that the Firm is able to meet client needs.
Flex time
Part time
Flex-time
Part-time
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