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Karen M. Asner

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Be Flexible!
Flexible Work Arrangements — A New Way of Working

A Q&A with Karen Asner about White & Case's Flexible Work Arrangements
March 15, 2007

A growing phenomenon that is changing the way in which we work in law firms is flexible work arrangements. Gone are the days when flexibility was deemed appropriate only for working mothers. Today, both men and women are seeking flexibility to help achieve a manageable work/life balance. And employers are responding because they too are recognizing the long-term benefits of flexible work arrangements.

In the following Q&A, commercial litigator and administrative partner Karen Asner explains the benefits of flexible work arrangements (FWA) for employees, clients and White & Case.

Q: What has contributed to the increased demand for flexible work arrangements?

Karen: Factors such as the growing number of dual-career couples, child and elder care responsibilities, changing demographics and pressures in the marketplace have contributed to the increased demand for more inclusive flexible work options. The traditional view that flextime only means reduced hours for working mothers is an anachronism.  Employers are now expanding their flexible work programs to include all employees, regardless of age, gender or parental status.

Q: What makes White & Case's Flexible Work Arrangement Program different from so many others?

Karen: While we have always allowed some lawyers to work on a part-time basis, White & Case recently formalized our FWA program, which allows lawyers in our US and London offices to develop flex time schedules on a gender- and reason-neutral basis. Unlike other law firms that have part-time arrangements, White & Case specifically created a process that provides a wider range of options – from working part-time to taking time off between assignments, or telecommuting on a regular basis.

Q: How do flexible work arrangements work?

Karen: There are a number of creative ways in which FWAs can work. Lawyers can work a reduced workweek by decreasing their hours to less than the standard and reducing their workload and/or job responsibilities accordingly. Lawyers also can opt for reduced annual hours by setting their client hours goal below the standard for the calendar year. Another alternative is working on a project-by-project basis, and taking time off after the completion of one project and before starting another project. For those who need to work closer to home, there is the option of teleworking, in which full-time job responsibilities can be performed several days each week at sites other than their primary office location – usually from home.

An important point to remember is that FWAs are not entitlements. We have our lawyers prepare a written proposal that addresses the needs of the practice, the firm and clients, and they must also undergo a formal application process before an FWA is approved.

Q: These all sound like good options for employees, but what are the benefits for law firms?

Karen: Employers recognize that giving employees the flexibility to balance work and personal obligations can actually help increase the retention of experienced and valuable employees, assist in recruiting and diversity efforts, boost loyalty, productivity and collegiality, and enhance overall corporate image.  

Q: How would FWAs affect the delivery of service to clients?

Karen: You may be surprised to learn that many in-house counsel strongly support flexibility at law firms. Some estimate it can take more than six months to get a new lawyer up to speed; cutting down on attrition costs and preserving institutional knowledge can benefit firms and their clients in the long run.  

Because flexible work arrangements mean that lawyers will not always be working at the same time or location as their colleagues, it is essential that there is frequent and effective communication about how and when lawyers are accessible. Online calendars, e mail and voicemail can all be used to assure clients and lawyers of how someone can be reached. 

Setting benchmarks and measurements for performance is critical to ensuring that lawyers on an FWA continue to develop their skills and know what is expected of them by the firm and its clients.

Q: A concern for many associates is whether they can still remain on a partnership track if they went on an FWA.  What is the impact of an FWA on one's career trajectory?

Karen: Lawyers on FWAs can still be on the partner track since it is expected that they will continue to meet the same performance standards and have both billable and non-billable responsibilities, albeit at times on a reduced pace. Some modifications to the pace of a lawyer's career trajectory may occur if the type of FWA requested slows the timeframe in which they can achieve necessary skill and experience levels.

Q: What advice do you have for lawyers who are interested in going on an FWA?

Karen: The decision to go on an FWA should be carefully thought through. Not all positions are alike so associates whose work requires constant interaction with clients and/or other lawyers may not be as compatible with FWAs or may require more extensive planning. 

You should have a clear idea on how your work demands will be met while on a new schedule or at a new location. Obviously, when any lawyer goes on an FWA, this poses changes and challenges for other lawyers, partners, and clients.  Be proactive and suggest solutions to these challenges.  Also, get involved in the process for setting measurable deliverables and suggest a timeframe to evaluate the ongoing viability of the FWA – this is beneficial for the lawyer and the firm because everyone knows what is expected and whether or not adjustments to an FWA are required.  Lastly, consider the impact, if any, that the proposed schedule will have on your compensation – sometimes adjustments are made to reflect the expected level of contribution and hours worked during the FWA.

Karen Asner is a commercial litigator and the administrative partner at White & Case in New York, where she oversees all administrative aspects of the Firm's 35 offices and helps shape Firm culture, policies and strategic business objectives.
 
"Talking" features White & Case lawyers answering questions about emerging legal and business issues. For more information or to schedule an interview with Karen Asner, contact Reilly Starr at
rstarr@whitecase.com.
 
Any information contained in this interview is for educational purposes only. It should not be construed as legal advice.