Flexible Work Hours: A Benefit For Law Firms?

Lawyers are known for working long hours, with some working well beyond the standard 40-hour workweek. The size of their practice has a significant impact on their working hours. For example, lawyers at small- and medium-sized firms work an average of 42-54 hours per week, while those at large firms work an average of 66 hours per week. Lawyers at Big Law firms often work the most hours, with many working 80-hour weeks due to billable hour quotas. Given the complexities of a lawyer's career, it's not surprising that their hours are demanding. However, these long workweeks can lead to burnout, heightened stress, and substance abuse and mental health issues. Can a law firm change work hours? Yes, a law firm can change work hours, and there are legal rights that employees have when looking to change their working hours. Every employee has the legal right to ask to change their working hours, and this is known as the right to request flexible working.

Legal right to request flexible working

Employees in law firms, like any other workers, are protected by employment laws. These laws vary by country and state but generally, employees have the legal right to request flexible working. This means that you can ask your employer to change your working hours or patterns. For example, you could ask to work fewer hours per week, reduce the number of days you work, or work from home on some or all days.

In the UK, the law states that every employee who has been employed for at least 26 weeks has the right to request flexible working. This is not a right to insist on changed working hours, but the law requires employers to consider the request and deal with it reasonably. The UK government has also committed to removing the 26-week minimum employment requirement, allowing employees to request flexible working at any point in their employment. This change is not yet in force and is expected to be implemented in early 2024, along with other changes outlined in the Employment Relations (Flexible Working) Act 2023.

In the US, there is a growing demand for flexible work arrangements, with nearly 80% of working Americans desiring more flexibility. While US federal law does not give employees the right to request flexible working, some states, such as Oregon, have implemented laws that provide this right. Additionally, the Americans with Disabilities Act ensures that employees with disabilities can request reasonable adjustments, which may include changes to their working hours.

It is important to note that employers are not obligated to approve all requests for flexible working. They can refuse a request for a ''permitted business reason', such as additional costs, inability to meet customer demand, or detrimental impact on quality. However, employees can challenge a refusal if it contradicts relevant equality acts or discrimination laws.

Reducing hours or days worked

Lawyer working hours are known for being long and gruelling, with some lawyers working well beyond the standard 40-hour workweek. The size of their practice significantly impacts how many hours lawyers work each week. For example, lawyers at small- and medium-sized firms work an average of 42-54 hours per week, while those at large firms work an average of 66 hours per week. Lawyers at Big Law firms often work the most hours, commonly working 80-hour weeks, largely due to billable hour quotas.

The drive to work extra hours often stems from good intentions, such as providing exceptional client service and succeeding in a highly competitive field. However, balancing billable hours with non-billable but essential tasks like client intake and communication can be challenging. This often results in lawyers working outside regular business hours to catch up on tasks.

The law offers employees the right to request flexible working arrangements, including reduced hours or days worked. Every employee who has been employed for at least 26 weeks has the legal right to ask to change their working hours, although this is not a right to insist on changes. The government has expressed intentions to remove the 26-week minimum employment requirement, allowing employees to request flexible working at any point in their employment.

• Compressed hours: This involves working the same number of total hours over fewer days. For example, working longer days Monday through Thursday and having Friday off.
• Part-time hours: An employee may request to transition from full-time to part-time work, reducing the number of days worked per week.
• Remote work: Requesting to work from home on some or all working days can reduce time spent on commuting and provide more flexibility.
• Legal technology: Utilizing legal technology can streamline and automate administrative and non-billable tasks, reducing the overall hours worked while boosting productivity.
• Efficient time tracking: Accurate time tracking enables better management of billable hours, reducing errors and improving client satisfaction. Strategies such as using a billable hours chart can ensure that no billable work goes unrecorded.
• Reducing non-billable tasks: Law firms can explore ways to minimize time spent on non-billable tasks, such as automating file maintenance, calendaring, and payment/billing processes, allowing lawyers more time for client-focused work.

It is important to note that law firms may be hesitant to approve reduced-hour positions due to the potential implication that outside obligations take precedence over working at the firm. Additionally, firms may be concerned about losing control over an attorney's activities when they are not physically present in the office. When requesting reduced hours, it is crucial to follow the legal process to ensure that your employer considers your request appropriately.

Working from home

When creating a work-from-home policy, it is important to ensure it aligns with the law firm's existing policies, culture, and tone. The policy should outline working hours, communication guidelines, data security practices, and any expectations for availability. For example, will employees be expected to work normal business hours, or will there be a flexible work policy that allows for offset hours? Clear and consistent working hours are essential to maintaining a healthy work-life balance and preventing burnout.

To facilitate effective remote work, law firms should invest in the right technologies and tools. This includes collaboration tools, billable hour tracking software, and employee management software, and document management systems to ensure secure handling of confidential client information. Additionally, communication tools such as Slack or Google can help remote workers stay connected and easily update their availability.

While working from home offers many benefits, one potential challenge is the difficulty of building strong relationships with clients. Law firms can address this by adopting a hybrid work model, where attorneys work from home most days of the week but are required to report to the office for a day or two. This allows for the benefits of remote work while still providing opportunities for in-person client interactions.

In conclusion, law firms can successfully implement work-from-home policies by creating clear and consistent guidelines, investing in the right technology, and balancing remote work with in-person interactions to foster client relationships. By embracing flexible work arrangements, law firms can improve productivity, engagement, and the overall quality of services offered to clients.

Adjustments for disabilities

In the UK, solicitors and law firms have duties under the Equality Act 2010 and the Code of Conduct to treat people fairly and without discriminating against them on the grounds of protected characteristics, including disability. The Solicitors Regulation Authority (SRA) has published research on reasonable adjustments in the provision of legal services. The research surveyed more than 3,500 disabled people and found that the most common barriers to services being accessible were unhelpful staff and the disabled person's own anxiety or lack of confidence.

The SRA's research also explored and tested potential changes that law firms could introduce to address these barriers. Some of the most common improvements suggested by disabled people and stakeholders include:

• Having an easy-to-navigate and accessible website, with a dedicated section for those with disabilities.
• Proactively asking all clients if they need any reasonable adjustments to be made.
• Training all staff in understanding and identifying potential issues that disabled people might face.
• Promoting the fact that they offer reasonable adjustments.
• Including a photo of their office on their website to help potential visitors consider access issues before visiting them.
• Highlighting if any of their staff have specific training in working with customers with disabilities, or if the firm has any accreditations or relationships with disability charities.
• Ensuring all communications are as accessible as possible in terms of language, presentation and format – for example, using a font of at least 14-point size in all printed materials or letters.

In the United States, the Equal Employment Opportunity Commission (EEOC) provides guidance on reasonable accommodations for attorneys with disabilities. The EEOC notes that individuals with disabilities have generally not been part of the discussion about diversity in the legal profession, despite the important role that lawyers play in social, economic, and political life. The EEOC provides examples of reasonable accommodations that may be needed, such as using sign language interpreters and providing written materials in alternative formats, such as Braille or large print.

In both the UK and the US, the law offers rights and protections to employees with disabilities, including the right to request changes to working hours. While the specific laws and guidance may vary by jurisdiction, there is a general recognition of the need to provide reasonable accommodations or adjustments to ensure that individuals with disabilities are not placed at a significant disadvantage in the workplace.

Compressed hours

Employees in law firms, or any other workplace, who have been employed for at least 26 weeks, have the legal right to ask to change their working hours. This is known as the right to request flexible working. While this is not a right to insist on a change, the law requires employers to consider such requests and deal with them in a sensible way.

Compressed workweeks should not exceed 48 total working hours, with individual workdays not exceeding 12 hours. The implementation of compressed workweeks should be based on voluntary agreements between the employer and employees. Prior to its implementation, the employer should notify the relevant regional office of the adoption of this flexible work arrangement.

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