The Legal Update

Last week, we joined two different online events that tackled the impact of COVID-19 and the future of the legal profession from different angles. The first event, focused on law firms, featured Mark Cohen and Richard Susskind in a LegalGeek webinar, while the second was organised by Ari Kaplan with Bob Ambrogi as guest speaker in a relaxed lunch & learn format. What did we learn?

#1 Tech is every legal team’s best friend

It’s a fact: the legal workforce has become a remote workforce in the span of a week. All over the world, legal teams have had no choice but to adapt to lockdown restrictions forcing them out of office buildings. As Robert Ambrogi recently wrote, the speed at which lawyers were able to get up and running outside of their office was staggering with 90% of lawyers making the transition in a week or less and 46% in a day or less. For in-house legal teams already using Microsoft tools, Microsoft Teams has become the go-to meeting spot while others have jumped onto the Zoom or Google Meet bandwagon.

However, tech adoption hasn’t been equal everywhere with in-house legal teams leading the tech revolution and law firms lagging behind, despite claims to the contrary. As a general counsel said, “we’ve worked with legal clients for 25 years, and the gap in understanding remote working communication technology was already widening in the past 5 to 10 years. [The Covid crisis] has just sped up the mindset shift from those who were already starting to embrace technology. The shift has now moved from accepting that the tech is required to understanding how best to integrate it over the longer term with support.”

Whatever the tech solution, the number one take away from the crisis is that latent technologies already existed to collaborate in new ways and have enabled us to understand that traditional models are no longer necessary. Lawyers can work remotely in an integrated fashion. The nature of legal practice has changed to the extent that it could possibly be malpractice to not be technically capable, as tech access, data security, data movement, etc are all part of modern legal services.

#2 Medicine and law may have a lot more in common than previously thought

Ultimately, law is the business of knowledge, much like medicine is the business of health. Like lawyers, doctors were hit full force by the COVID-19 tsunami and remote medicine became the new normal but that is not where similarities stop. In an analogy with the medical sector, Ari Kaplan argues that the legal system needs to move on to a triage system where when you have a problem, you don’t start with a specialist. In medicine, you start with a GP and then move onwards. We might be headed to a legal ecosystem of tools that will help companies sort out more of their own issues, have access to more standardised processes and involve fewer lawyers doing the work.

For Mark Cohen too, the current legal business model is outdated and legal buyers have access to more information than ever before. In the future, law will be a marketplace where it won’t be about pedigree or brand or Oxbridge or Magic Circle but about competency, metrics of customer satisfaction and skills. Taken a step further, this model means that legal buyers will eventually not need legal practitioners to be licensed. Not all future practitioners will be certified lawyers and that is a good thing. If GCs are buying legal knowledge, do they need a qualified solicitor when a legal engineer can do the job as efficiently?

Inevitably, this will reshape the landscape of legal education and training. Up until 20 years ago, legal expertise was the only thing that lawyers needed to succeed. Today, lawyers need augmented skills such as project management, understanding of supply chains, basics of data management and analytics. Lawyers have to be able to read a balance sheet. In addition, they need to master the basics of technology and understand how tech is used in the legal marketplace.

The lawyers of tomorrow will be tech-enhanced multi-disciplinary advisers, which gives a big leg up to millennials and Gen Z who choose virtual environments wherever possible and who as digital natives, are already comfortable with tech
. As Mark Cohen once said, law is not about lawyers anymore but about legal professionals.

#3 Pricing, pricing, pricing

For law firms, the billable hour is the biggest part of the business model that needs to change. Robert Ambrogi went as far as saying that it’s the greatest obstacle to innovation in law firms as it’s founded on the premise of inefficiency.

  • Most participants agreed that restructuring fees would be an opportunity for tech-savvy lawyers who would be able to create digital offers and reach their clients more efficiently.
  • For the time-being, law firms should be putting out COVID-19 pricing or flat rates during hard times.
  • Past the COVID-19 crisis, lawyers would start charging based on the result delivered. If clients are charged for value delivered, it doesn’t matter where the work is done or how long it takes.
  • Others suggested rendering legal services by subscription as a way to offer “more for less” legal services.
  • For multi-month contracts, legal suppliers could offer a flat, monthly retainer that makes it easier to plan and budget for clients, while realigning the focus of suppliers on deliverables.

#4 Law is a buyer’s market

According to Mark Cohen, “consumers are now driving the legal bus and that will accelerate post-covid.” For a few years, GCs have already been experiencing the future of legal with the “doing more with less” challenge, adhering to budgets and considering where they buy their legal services. Until now, long relationships forged between traditional legal providers and companies have somewhat shaped legal buying but with stricter budget controls, clients will realise that they can get the same value from a range of different providers” ie Big 4, companies like Obelisk Support, managed service providers etc.

The COVID crisis is effectively empowering big corporations to set demands and we recently saw an example of that when BT announced to their legal panel that they would look at things like expertise, experience, culture, approach to innovation, and diversity and inclusion to select their legal suppliers. In incentivising the panel firms to adhere to the principles of a charter signed by the client, BT is forcing cultural changes within their supply chain.

#5 Metrics vs Values

Based on Mark Cohen’s observations on US law firm culture, metrics like profit-per-partner (PPP), profit origination are the measures of success and drivers of law firm culture. Law’s scorecard in how it treats its own profession is currently very low – including higher rates of suicide, divorce, drug abuse, and alcoholism than many other professions. Every metric of despair points to the fact that lawyers are doing well financially as a group but yet they’re not very happy.

Yet in the UK, pointed Richard Susskind, there is a growing concern about profit versus purpose. This COVID-19 period is a fundamental challenge to values. Law firms that responded in the first two weeks saying they cared about people and two weeks later, fired them, will have a problem. They’ll be seen as purely profit-making companies.

The virus has given us an opportunity to look at how legal services can be delivered differently and that is the greatest impact of the virus on the legal world. The crisis offers an opportunity to step back and contemplate what’s important to us, noting that it’s hard to change values as you move along. 
Sooner than later, vendor profiles won’t just include security profiles and corporate history. Clients will start asking about in-depth work from home measures, commitment to gender and diversity equality, as evidenced in the report Built to last? A blueprint for developing future-proof in-house teams.

Making Work, WorkWomen in Law

Are you up to speed with the new routes into the legal profession? It used to be that apprenticeship opportunities were for college leavers and covered only paralegal roles, but things have changed. Increasing numbers of businesses across the UK have been launching apprenticeships, particularly since the government introduced a levy in 2017 for any employer in the UK with an annual pay bill in excess of £3 million that could only be spent on training apprentices.

What are legal apprenticeships?

In the legal sector, this has led to many law firms launching Law Society- and SRA-approved ‘trailblazer’ apprenticeship schemes. This means it is now possible to join a top law firm in a potential fee-earning role without having first gone to university. Effectively, legal apprenticeships provide opportunities to gain on-the-job experience whilst studying to qualify as a legal professional.

Law apprentices gain professional legal qualifications, which can be right up to solicitor level, alongside paid employment in a law firm. For qualification as a solicitor, this means learning alongside earning on the job for six years.

Legal apprenticeships – Kennedys case study

Apprentices typically spend one day a week studying and the remaining time working in much the same way as a paralegal or trainee would. “I spend my Mondays studying at BPP University and the remaining four days of the week working in the office. During the week, I attend training events and courses, but the majority of learning is done ‘on the job’ and as you progress through your role,” explains Caitlin, a Solicitor Apprentice in Kennedys’ Cambridge office.

Kennedys were one of the first law firms in the UK to offer a legal apprenticeship and are now in their seventh year with their legal apprenticeship programme moving from strength to strength. In 2019, Kennedys won Best Degree Apprenticeship at the 2019 School Leaver Awards, making it their third award in three years. With over 60 apprentices across their offices, Kennedys actively recruits from schools and colleges, welcoming people from the age of 18.

Hannah Worsfold, the HR Manager responsible for Trainees and Apprentices at Kennedys, was clear that whilst the firm does benefit from the apprentice levy, there is another real benefit to offering an alternative route to qualification via an apprenticeship. “It allows Kennedys to reach people from a much wider range of backgrounds who more accurately represent the diversity of our client base. Kennedys has a strong focus on legal innovation and welcome ideas from all levels of the firm and a more diverse workforce brings a variety of perspectives and ideas.

“We believe our apprentices are the talent pipeline for Kennedys and offering an alternative route to qualification provides an opportunity for young people to earn whilst they learn.

“I believe this is a driver for young people who do not wish to take the university route and incur student debt but would rather enter the workplace at the earliest opportunity. This is reflected in our application numbers, as we usually receive circa 600 applications across all of our offices”.

Ross Bell, a Senior Associate at Kennedys who is also an Apprentice Supervisor, was equally positive about the benefits of employing apprentices. “Apprentices are an important part of Kennedys’ future and they offer advantages over traditional recruitment of litigation assistants and lawyers.

“Apprentices – compared to either litigation assistants or trainee solicitors – usually have no legal or working background/are starting from scratch. They therefore require an intense level of training and supervision to ensure learning in a swift directed fashion but their progress can be remarkable and I have enjoyed working with apprentices who performed exceptionally in their roles having been provided with responsibility from day 1.”

Legal apprenticeship – Cartmell Shepherd case study

This is echoed by Holly Moxon, a solicitor apprentice halfway through her second year of the apprenticeship with Cumbrian firm Cartmell Shepherd. She notes, “the law is often different in practice and theory, so being able to learn both at the same time has been very beneficial.

“The skills and tips that you pick up in the office on a daily basis are incomparable to what you can learn reading from a textbook”.

In Cartmell Shepherd’s case, an apprentice was not something they had necessarily been seeking, with the proposal driven by then 20-year-old Moxon.

Moxon originally had a place at university to study law, but soon realised that the traditional university route was not for her. Still wishing to qualify as a lawyer, she began working at Cartmell Shepherd in an administrative role before making the apprenticeship proposal to her bosses.

Peter Stafford, managing partner at the UK 200 Group legal firm, said: “We were impressed by Holly’s initiative when she brought the proposal to us.

“Solicitor apprenticeships have until now mainly been provided by larger city firms, but we could see no reason why it shouldn’t be something we offered here at Cartmell Shepherd.

“Holly has been a great addition to our team and has worked hard to complete her first year of study.

“We’re passionate about investing in high-quality training and development for all of our staff, along with recruiting local people with talent and potential.

“The apprenticeship route serves both of those criteria very well, so this is certainly something we would consider again in the future.”

Adoption of legal apprenticeships by the legal industry

The legal industry still has a long way to go in terms of widening access to the profession. The number of firms and in-house legal teams offering apprenticeships is growing but there are notable absences in the top firms, and where apprenticeships are offered, the number of positions on offer is far fewer than trainee positions.

Apprenticeships are on offer in Magic Circle firms, but not to qualify as a solicitor, with Linklaters, Freshfields and Clifford Chance offering paralegal and legal project management options. Clifford Chance and Slaughter & May both expressed their decision to maintain solely training lawyers using the traditional training contract method when the option for solicitor apprentices was first introduced in 2016.

Solicitor apprenticeships are more widely on offer in the Silver Circle and other Legal200 and Legal500 firms. Firms such as Mishcon de Reya, CMS, Eversheds Sutherland, Dentons, Irwin Mitchell, Pinsent Masons, Withers and Addleshaw Goddard, to name but a few, all offer solicitor apprenticeships.

There is no central database of all apprenticeships but a few of the key firms are listed here. As with training contract applications, it is often a matter of searching individual firms in which you have an interest and determining what opportunities are on offer.

How will the introduction of the SQE change things?

The introduction of the Solicitors Qualifying Exam (SQE) in 2021 will also apply to apprentices, with the apprentice providers we spoke to not envisioning this will affect the numbers applying.

Interestingly, Carol Fish, Director at Cartmell Shepherd, observed that students qualifying by the more traditional route (university, law school and a training contract) “will not have the opportunity to have the in-depth experience on the job that an apprentice will have had.”

Given apprentices will have had six years client-facing experience by the time they sit SQE2, compared to a more traditional two, could solicitor apprentices be actually better placed to successfully pass the SQE? We will watch this space with interest.

What’s next?

At present legal apprenticeships are for those who want to qualify as solicitors, as well as non-qualified paralegals. The Bar Standards Board has been consulting on opening up new pathways to qualification outside sitting the bar vocational course, and in 2019 approved a new training regime for barristers opening up four routes to qualification, which includes an apprenticeship. These new pathways come into effect in September 2020.

So far as in-house apprentice positions, that is harder to gauge as there is no central database of companies and businesses offering legal apprenticeships, outside of the government’s list of places actively recruiting. We know that councils, including Bristol City Council, employ solicitor apprenticeships as well as the in-house legal teams of FTSE 100 companies such as ITV.

With university fees continuing to be high and job prospects for graduates becoming more competitive, it is expected that competition for apprenticeship places will increase. Once the current cohorts have successfully qualified as solicitors in 2024 and onwards, no doubt more firms will take up the mantle.

What do you think about legal apprenticeships? Does your firm offer them? Are you an apprentice yourself? Let us know your thoughts @ObeliskSupport.

Obelisk CMS partnership
Obelisk In Action

Obelisk is proud to announce a formal partnership with top law firm CMS UK, as part of a wider CMS programme to offer flexible legal solutions to their clients and lawyers. One of the fastest-growing companies in Europe, Obelisk has become the go-to resource for legal teams that require flexible legal support, and partnering with CMS introduces a new development in Obelisk’s global plan. By becoming a strategic partner of CMS, Obelisk opens up new opportunities to Obelisk consultants who want to work flexibly, helping them deliver high-quality legal services to one of the largest law firms in the world.

Lawyers come to Obelisk’s talent pool to have more control over the type of work they undertake, greater flexibility to manage their time and workload, and importantly more exposure to a variety of work and practice areas. Being part of the CMS service offering can give them access to challenging assignments and fulfilling roles in a new environment.

Indeed, to tackle innovation in the legal sphere, CMS launched CMS by Design, a dedicated group within CMS that leads the development of legal service delivery and technology. What is different about CMS by Design is that it is not all about tech – it brings together people, knowledge and technology to deliver great solutions for clients efficiently and in a way that enables people to grow, learn, and be fulfilled.

Obelisk and CMS share the same values and commitment to quality, flexibility and inclusion. CMS will augment their teams with Obelisk’s people for mutual learning and development and for their clients’ benefit. To demonstrate how the relationship works in practice, CMS recently had an Obelisk consultant, Hannah, work on a project on a flexible basis, and another has just started to support the procurement team of the firm.

Hannah says: “I enjoyed working with CMS. They were very friendly and welcoming when I met them at their London office at the start of the project I was involved with. They clearly embrace modern flexible working practices as I was able to do all my work for them remotely. They also mentioned that a lot of their fee earners work from home at least one day per week.

I found the team ethos genuinely collaborative and very human, which meant we could all work together to achieve the best result. They brought in both legal and IT consultants for the project, so seem very open to using external resource when needed.”

Dana Denis-Smith, CEO and Founder of Obelisk Support, says: “We are looking forward to working with a like-minded leading business. Through this partnership with CMS, Obelisk can continue to drive positive change in the legal profession, share thinking and best practice, and support our consultants as they embrace new ways of operating that will allow them to flourish. I am excited that this collaboration allows our organisations to continue to demonstrate their commitment to diversity, flexibility and excellence.”

CMS’ Head of Innovation and Legal Operations, John Craske, who leads the CMS by Design Mix offering, comments: “This is an exciting opportunity for our businesses to work together to support clients and leverage our respective capabilities and strengths. Obelisk operates a unique flexible working model, allowing us to tap into their diverse talent pool as and when we need to. Having this additional resource will significantly strengthen our ability to service our clients and deliver innovative solutions on a large variety of client needs and transactions, no matter the complexity or size.”

The firms are also working together to develop a coordinated approach to women returners, building on CMS’ participation as a founding firm in the Reignite Academy and on other potential projects to support CMS’ work allocation and resource management approach.

Women in Law

We recently looked at some positive trends in the legal industry concerning the rise of women in law, but talent retention and other factors can hamper this progress. How do we embolden the next generation of women in law and continue to forge a working culture that works for all?

Progress Status of Women in Law

The rise in women lawyers is largely thanks to the hard work of the men and women in the profession who have campaigned, advocated and led by example to create a more open, diverse culture in the legal industry. There is of course, work to be done.

Women are still disproportionately finding their careers and ambitions stalling as they take a career break or seek a better work life balance. Shockingly, we are seeing higher numbers of women enter the legal profession than men, yet there are still significantly fewer women than men in senior positions.

To inspire younger generations, we must give them the tools to carve out successful careers without gender discrimination getting in the way. Here are some simple starting points for us to keep in mind…

#1 Fight the Gender Gap

Fewer than 1 in 3 senior- and middle-management positions were held by women in the majority of 67 countries with data from 2009 through 2015. You’d think that rich countries would know better but when the BBC published their pay rates for their biggest stars in the United Kingdom, the public outcry on the gender pay gap was immediate. Radio 2 presenter Chris Evans topped the list on more than £2 million, while the highest paid woman was Claudia Winkleman, on between £450,000-£499,999, earning a mere 25% of the best paid male star.

Now that U.K. companies with more than 250 employees are mandated by law to publish details of the pay gap between their male and female employees, big law firms are going to have to be proactive about their gender pay gap. If the gender pay gap for partners at big U.S. law firms is an astounding 44%, if the UK gender pay gap is 18.1% for all workers and 9.4% for full-time staff, what will it be in the City?

More important, what is your company doing to advance equality?

Top Tips

The United Nations Global Compact published a Gender Gap Analysis Tool to help companies assess current policies and programmes, highlight areas for improvement, and identify opportunities to set future corporate goals and targets. Results are provided in a concise and clear format so companies can easily identify areas for improvement.

The Fairy GodBoss shares the three following successful strategies to cut the gender pay gap:

  • Stop the salary history reveal
  • Ask for transparency
  • Design a path to action

Last but not least, learn how to negotiate your salary, from the job offer to the annual promotion.

#2 Measure & Celebrate Progress

Inspiration from those who have come before us, and those who are around us should not be underestimated. To remind ourselves of what has been achieved and the progress that has been made reminds us all that we can truly make a difference and be part of the change we want to see in the industry – the First 100 Years is a particular example of this, plus you can also read about the progress of women in the law in Scotland in our recent article.

Likewise, awards and events to recognise all who are striving for change and have achieved success in the industry are important to maintain the momentum and provide incentives. It is also important to invest in, support and share studies, research and individual stories that tell us what needs to change and what areas still need to be tackled, to provide purpose to those coming through the ranks.

Top Tips

Celebrating progress of women in law starts by measuring how far your company has come in terms of gender equality, following up with sharing your company’s progress. It can be as simple as sharing news in a company newsletter to show how the firm values and monitors diversity in law.

To provide pointers as to what to measure, Bloomberg LP, the financial information and media company launched the Bloomberg Financial Services Gender-Equality Index (BFGEI) which provides “investors and organisations with ‘standardised’ aggregate data across company gender statistics; employee policies; gender-conscious product offerings; and external community support and engagement.” The index is not ranked and participants join by filling out a voluntary survey that is free of charge.

To go further, actively seek out and sign up to programmes and initiatives that provide awards and incentives for diversity measures.

#3 Provide Meaningful Mentorships and Sponsorship

Practical support from peers and senior colleagues is vital to fuel ambition in new generation of women lawyers. This includes support both before and after career breaks. As we have seen from a recent BCG study, company culture is the key factor in maintaining their ambition. A company that provides a formal mentorship scheme, and always seeks to develop the career of their employees as far as possible no matter what their circumstance can only benefit from more determined, driven and engaged workers. If you are in a senior or partner position, it may be time to look at options for mentorship in your firm.

Latham & WatkinsBank of AmericaTarget and Freshfields focused their initiatives on mentoring female employees to give them access to sponsorship and leadership positions that qualified women have been long denied due to conscious as well unconscious biases in the workplace. Target’s CEO Brian Cornell has, in fact, partnered with PepsiCo CEO Indra Nooyi to form a Future Fund to achieve 50/50 gender parity in the retail industry at all seniority levels.

Top Tips

Mentoring requires input from the whole organisation, not just the mentor/mentee. When implementing or updating an existing mentorship programme, start by conducting a survey  – find out what incoming lawyers want to get out of mentoring, and who is willing to be a mentor and what they would like to bring the role.

Set out a structure for each mentor to create a formal training plan with their mentee, with specific goals and objectives. Creating a coaching team who is able to assess progress and continue to provide mutual support throughout career progression.

#4 Create and Advocate for Women Returnships in Law

A particular barrier to women fulfilling their ambitions in law is the impact of career breaks. This is finally starting to be addressed within the industry with the introduction of training programmes for women returning to work after a career break, also known as returnships. These have been largely successful across other industries, with most acquiring a position at the end of the returnship. However, law firms have been slower to launch such programmes, and there have been some concerns about the amount of people who have managed to secure a flexible position at the end of the programme (something we intend to look at in more detail in a future piece!).

Top Tips

To help encourage the provision of returnships, a few big law firms also offer returnerships, such as Allen & Overy’s Return to Law (after career breaks) or ReStart (for people over 50) in the U.K., Herbert Smith Freehill’s OnRamp Fellowship (in the U.K. and Australia), Davis Polk and Wardwell’s Revisited (in the U.S.) or Proskauer Rose LLP’s CaRE (in the U.S.).

Along the same lines, several organizations, such as OnRamp Fellowship (U.S.), Path Forward (U.S.), Working Mums (U.K.) or Women Returners, provide information on available returnships and return to work support events, while working with employers and businesses to consult on the design and delivery of returnships.

#5 Hold a United Front Against Discrimination

We cannot afford to turn a blind eye or minimise behaviour that is discriminatory, unethical or disrespectful. Our collective response as lawyers, and as women should be of no tolerance, including when (or perhaps in fact, particularly when) the behaviour doesn’t directly affect us. A comment made in passing by a client, a pattern of recruitment decisions that don’t seem quite right – it can be easier to explain away or just accept it as ‘one of those things’ in a profession still dogged by gender bias.

Top Tips

It’s important to keep talking and support one another in these instances. For example, if you are on the receiving end of the comment, ask what was meant by it. If someone was on the receiving end, ask if they were OK and if they want to take any further action. Talk about diversity within your organisation, research what measures are in place and discuss other methods to create a more inclusive environment and tackle discrimination. At firm level, ensure that any incidents of discrimination or sexist language are formally recorded and disciplined where appropriate.

Ultimately, there is strong evidence of competitive and cultural benefits of gender diversity in the workplace (see for example the Credit Suisse report on gender diversity and corporate performance). This should mean that everyone should be openly and willingly offering support and provisions to help future generations of women in law achieve their potential. We all play a role, no matter how small it might seem, in shaping the future for women lawyers.

What would you do to empower women in law?

Making Work, Work

The legal profession is less than a trailblazer in terms of flexible working practices. It is of course not the only guilty party. Other industries that have been criticised or determined poor for flexibility include aerospace (in a survey on women’s perception of openness to flexibility) and perhaps more surprisingly, the arts sector.

Is law filled with more obstinate traditionalists with no desire to change and adapt? In our experience, this is highly doubtful. However, the complete picture is somewhat more complex. There are a number of persisting practices preventing the legal industry adapting successfully to flexible working.

#1 Telling, Not Showing

When firms only pay lip service to flexible working, instead of incorporating it as the norm of the working culture, people will be reluctant to take it up. There is a reluctance to take up flexible working when offered as a specific policy, to be seen as an exception or seeking special treatment – a stigma still exists. Bridging the gap between policy and practice means implementing official flexible working guidelines as well as making the company culture more flexible overall.

  • Easy Fix: Are your top management or top workers taking up flexible working? Once they do, others will follow.

There is also the Catch-22 scenario of lack of role models and untapped talent means no example for workers coming through. This unfortunately means that more firms are likely to sit on the fence when it comes to offering flexible working options, believing that the demand is not their or that the practice simply doesn’t work in the legal profession.

This does not mean the demand is not there, in fact majority of workers have been found across industry to prioritise flexible working when considering the desirability of a company or position. In addition, the practice of flexible and remote work within law has proven to not only work well, but provide more efficiency and productivity for clients and consultants alike.

  • Easy Fix: Offer a set number of days per quarter for flexible working, at the lawyer’s discretion.

Global health care company Roche has a unique flexible work program that offers employees 12 days of remote work per quarter (48 days/year). If an employee needs to stay home to be with kids or sick parents or to focus on a specific project, the company trusts that they will still get their work done.

#2 Relying on Outdated Technologies

The legal industry has been slow to embrace new tech-led agile infrastructure, but flexible and remote working practices need the right tools to be successful – cloud-based technology, online collaboration tools and online security protocols. If your law firm is still living in the golden age of hard-drive doc storage, physical team meetings or fixed working hours, it’s time to open up.

Technology plays a vital role and it is often simply the case that some industries have not focused on investment in technology capabilities to allow the easy, secure provision of flexible working practices. It’s not just an issue for lawyers however: clients in more technology-advanced industries will naturally be looking for more innovation and flexibility from law firms and anyone providing legal services to them. Law’s lack of investment in new technology is at its root an institutional problem – from the traditions of the courtroom to the dominance of firms and billable hours – so it’s not going to change overnight, progress will need to be driven.

Easy Fix:

#3 Being Afraid to Lose Control

Which leads us to this next point. Investing in technology and flexible work in the legal industry may mean a complete change in the way that legal services are provided. Larger, traditional law firms will have to adapt immensely in order to meet flexibility demands from lawyers and clients.

While other industries that have been more exposed to non-traditional ways of working see the trend as an opportunity to be more agile and adaptable, the legal industry sees only a loss of control – of data, of lawyers who are spending less time in the office, and of their client relationships as they become more focused on the individual legal professional rather than the reputation of the firm.

There is also the fear of making the job ‘easier’ somehow devaluing the expertise required in the profession, instead of giving legal talent more time to concentrate on important aspects of the role such as court appearances and counsel. Georgetown Law’s Centre for the Study of the Legal Profession offers some insights into the need for the industry to let go of the old models and adapt to a changing market.

  • Easy Fix: Empower lawyers by entrusting them with projects and deadlines at their own pace.

#4 Rewarding Long Desk Hours

It’s often said we live in a world that rewards extroversion; people more visible generally deemed more contribution, while those who work away quietly and aren’t drawing attention to themselves are sometimes overlooked. Linked to this, long desk hours in the office is rewarded in a similar way, particularly in law, where the more time we are seen to be at our desks, the more dedicated and hard-working we are presumed to be. However, studies have clearly shown that overwork leads to more mistakes and reduced productivity.

The Rt Hon Elizabeth Truss has previously spoken out against presenteeism, identifying it as the key reason for a lack of gender equality in the profession. A TUC study in 2013 found that legal professionals are the most likely workers to do unpaid overtime. More generally, presenteeism is a damaging aspect of working culture across the board – badly managed workloads, health issues resulting from reluctance to take sick days, mistakes arising from fatigue and overwork, the list goes on.

  • Easy Fix: Reward productive lawyers and encourage them to get a life.

#5 Sticking to Full-Time Positions

Most big law firms stick to the traditional model of full-time on-site lawyer careers, regardless of your personal circumstances. While that may have the norm a decade ago, the rules of the game are changing. People want a better work-life balance or simply put, they want a life. Offering only traditional legal jobs cuts from the talent pool all the expert lawyers who are also entrepreneurs, who care for a family or who cannot commute to the office every day.

To prevent brain-drain and the loss of a highly skilled workforce that demands flexible working, here are two ideas that are easy to implement.

  • Easy  Fix: Encourage job sharing part-remote working.

A job-share team is formed by two professionals who form a partnership to perform one job. An example workweek might involve Teammate A working Monday to Wednesday and Teammate B working Wednesday to Friday at the same position, with some hand-off and complementary responsibilities on the overlap day.

A part-remote working system can mean 4 days at the office, 1 day working from home.

Within the legal profession, there has long needed to be more understanding about individual work patterns and productivity conditions and allowing people to adapt to a work flow/pattern that suits their individual profile and lifestyle outside of work. Change is however more critical than ever, as the industry must adapt to the innovations and changing attitudes to working culture in order to stay competitive. Flexible working is just one part of an impending institutional overhaul.