FOREWORD

             The impetus for this study came from a group of senior women attorneys of the Women’s Bar Association of Massachusetts (“WBA”) who expressed the belief that a greater understanding of law firms’ part-time policies and practices could provide important insight into the question of why the increase in women entering into the legal profession over the past twenty-five years has not brought about corresponding increases in women at the partnership level.  These senior women were concerned about the number of senior women associates and partners who leave law firms because they cannot balance their family responsibilities with the billing requirements of law firms and do not see current part-time work options at their firm as a viable alternative.  They noted that many of those considering other employment options were economically productive and committed to practicing law and among the “best and brightest” attorneys in their firm.

              As the WBA’s Employment Issues Committee began this study, we realized that the impact of a firm’s policies and attitudes on part-time work extends far beyond those who have a reduced-hours arrangement at any given time.  For example, a recent study of two Fortune 100 companies, a leading law firm, and a major consulting firm found that while only 11% of the women who participated in the study were working part-time at the time that the survey was conducted, 40% of those women were working, had worked part-time, or believed it was likely they would work part-time for at least some portion of their career.  Similarly, many women attorneys are affected by or anticipate being affected by their firm’s part-time policies and practices.

            We also realized that the existence of reduced-hours arrangements challenge deep-seated attitudes about work and family, success and identity, gender roles, and firms’ roles in influencing or supporting career and life choices.  Inevitably, discussions of reduced-hours arrangements and diverse career paths raise issues of fairness regarding those who consistently structure their life so that work is their principal priority and those who have multiple priorities.

Neither firms nor individuals can avoid these issues.  Part-time policies and, more importantly, the implementation of those policies play a critical role in the future of women in law firms.  Part-time policies and practices also play an increasingly important role the ability of each firm to compete for talent in a tightening labor market that will shortly be more than half women.  We hope that this report contributes to firms’ efforts to improve their part-time policies and practices, as well as help part-time attorneys to fashion a more satisfying work arrangement.

 

            The WBA Employment Issues Committee appreciates all those who, directly and indirectly, have made this study possible and extends its heartfelt thanks to the hundreds of individual attorneys and forty-five firms who participated in this study; to Diane Kellogg, Ph.D., Associate Professor of Management at Bentley College, who evaluated the original draft survey instruments and provided many suggestions for improvement; to Deborah S. Myers of Goodwin, Procter & Hoar LLP, who assisted in setting up the program and database used in analyzing the quantitative data; to Lois Frankel of the Office of the Chief Justice for Administration and Management, Massachusetts Administrative Office of the Trial Court; to Barbara Bayles-Roberts of Goodwin, Procter & Hoar LLP, Camilla Morrill of Bingham Dana LLP, and all the other secretaries and support staff at Committee members’ firms who worked on survey distribution and countless iterations of analyses and this report; to Donna Evans, Esq., and Christy Agor of Mintz, Levin, Cohen, Ferris, Glovsky and Popeo, P.C.; and to Meaghan Barrett, Esq., of Butters, Small & Brazilian, Jennifer D. Miller, Esq., of Goodwin, Procter & Hoar LLP, Tanya Gurevich, Esq., and Amy Oalican, Esq., for their assistance at various stages of the project.  Last, but certainly not least, the WBA acknowledges and appreciates the generosity of The National Law Journal – Massachusetts Edition in publishing this report and making possible its wide distribution.

 

Nancer H. Ballard                                                        Pamela E. Berman

Beth I.Z. Boland                                                           Ellen C. Kearns

Andrea C. Kramer                                                       S. Elaine McChesney

Diane M. Saunders                                                       Barbara Freedman Wand

 

TABLE OF CONTENTS

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INTRODUCTION.. 1

EXECUTIVE SUMMARY.. 4

I.          EXISTING POLICIES ON REDUCED-HOURS ARRANGEMENTS. 9

A.        The Availability of Reduced-Hours Arrangements. 9

 

1.         The Availability of Reduced-Hours Arrangements at Law Firms Nationally. 9

2.         The Availability of Reduced-Hours Arrangements at Massachusetts Firms. 9

B.         The Nature and Range of Reduced-Hours Arrangement Policies. 10

 

1.         Types of Reduced-Hours Arrangements. 10

2.         Durational Limits on Reduced-Hours Arrangements. 11

3.         Compensation Arrangements. 12

4.         Advancement Policies. 12

C.        Utilization of Part-Time Policies. 13

 

1.         Utilization Rates.