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2014 FLEXIBILITY BENCHMARKING SURVEY REPORT Copyright © 2014 - Diversity & Flexibility Alliance 2014

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Page 1: 2014 FLEXIBILITY BENCHMARKING SURVEY REPORTdfalliance.com/.../05/DFA-Flexibility-Benchmarking... · instead, the challenge is to expand the definition and perception of flexibility

2014 FLEXIBILITY BENCHMARKING

SURVEY REPORT

Copyright © 2014 - Diversity & Flexibility Alliance

2014

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ABOUT THE ALLIANCE

The Alliance is a leading consortium dedicated to the advancement and retention of women

lawyers and work-life control for all attorneys. The Alliance bridges the gap between policy and

practice by creating research-based action steps to fully leverage talent. We highlight the link

between diversity and flexibility by focusing on issues ranging from negotiating a flex schedule, to

development initiatives that advance women, to crafting your organization’s unique business case

for diversity and flexibility. More information about the Alliance can be found at

www.dfalliance.com.

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TABLE OF CONTENTS

Letter from the CEO…………………………………………………………………………………..iii

Executive Summary……………………………………………………………………………...1

Methodology……………………………………………………………………………………..6

Participant Firms: Demographic Information……………………………………………….....7

Detailed Survey Results…………………………………………………………………………10

Flexibility Policies and Usage………………………………………………………………..10

Reduced Hours……………………………………………………………………………..11

Telecommuting……………………………………………………………………………..18

Annualized Hours………………………………………………………………………….24

Flexible Start/End Times…………………………………………………………………...27

Job Sharing…………………………………………………………………………………32

Additional Flexibility Policies and Usage Questions………………………………………....32

Leave Policies and Usage…………………………………………………………………....33

Compensation, Profitability and Retention………………………………………………….38

Promotion and Leadership………………………………………………………………….40

Flexibility Structure and Support……………………………………………………………42

Attrition…………………………………………………………………………………….45

Appendix…………………………………………………………………………………….......46

Definitions………………………………………………………………………………….46

Tables of Raw Data for Select Survey Items………………………………………………..48

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LETTER FROM THE CEO

On behalf of the Diversity & Flexibility Alliance, I am pleased to introduce our inaugural Flexibility

Benchmarking Survey Report, which examines holistic flexible work availability and usage in large law

firms. As the business case for flexibility is mounting, we launched the survey as part of our mission to

promote work-life control for all in the legal profession.

Study after study shows that providing knowledge workers – such as lawyers – the ability to self-direct

aspects of when, where, and how they work is connected to greater engagement, productivity, and

innovation. These links, as well as demand from lawyers and staff, have driven the vast majority of major

law firms to adopt some form of a flexibility policy. But, as this survey shows, availability is not the issue;

instead, the challenge is to expand the definition and perception of flexibility to meet the myriad needs of

a diverse workforce and ensure it is viable option for all.

De-stigmatizing, de-parenting, and de-gendering flexibility are key to this effort, and our survey results

show some promising movement in this arena. Among these findings is the fact that men constitute the

largest share of lawyers who telecommute and flex their start/end times, and lawyers continue to advance

to partnership while working reduced hours. Further, nearly a quarter of the respondent firms offer time

off with full pay for lawyers to concentrate on matters outside of work and caregiving. These findings all

go toward changing the image of flexibility.

The results, however, also reveal there is a lot more work to be done. Attorneys of color and LGBT

attorneys are generally even more underrepresented among flex lawyers than they are in the overall attorney

population. While more research is needed to dissect the issues contributing to this underrepresentation,

we know that a lack of desire or need for flexibility is not among the reasons for this discrepancy.

We remain committed to studying these issues, and with our findings, further bridge the gap between

policy and practice by developing action steps for firms to follow to advance holistic flexibility. We thank

the Alliance members who participated in this inaugural benchmarking survey, and we invite more firms

to join us in this effort in the future. For more information about how your organization can get involved

with the Alliance, please contact me at [email protected].

Manar Morales President & CEO

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EXECUTIVE SUMMARY

Workplace flexibility is quickly becoming the norm; demand for it is growing in many sectors of the

knowledge economy, and research confirms its role in greater innovation, productivity, and retention.

Contrary to popular opinion, this demand is not coming from the millennial generation alone;

professionals of all ages are speaking up about their desire and need for greater control over when,

where, and how they work. Further, employers are discovering that flexibility is critical to the foundation

for retaining and advancing an increasingly diverse workforce, with its attending responsibilities and

interests beyond the confines of work.

As part of the knowledge economy, legal employers – including law firms – are part of this sea change in

the conditions necessary to get the best from its professionals. According to NALP, the vast majority of

law firms provide part-time schedules or some type of flexible work.1 Respondents to this survey confirm

this, with over 90 percent having some type of formal flexible work policy. The challenge for the legal

profession is to successfully implement these policies as a key business strategy and asset, rather than as a

stigmatized accommodation that can marginalize attorneys working flexibly and discourage usage.

Consistent with its focus on bridging the gap between policy and practice, the Alliance embarked on

this benchmarking survey project to uncover trends and best practices, and to spark increased support

among legal employers for work-life control for all of their lawyers and staff. Specifically, the goals of the

survey were to address the market gap in holistic data about flexibility in law firms, and to examine usage

not only by gender, but race and sexual orientation as well. The survey asked participant firms to provide

data on:

1. The types of flexibility and leave policies offered;

2. How well these policies are utilized;

3. Whether these policies served as an effective retention tool;

4. Whether and how working flexibly affects promotion, compensation,

profitability, and leadership opportunities;

5. The types of support available for those who work flexibly.

Highlights of the key findings from the survey are listed below with detailed data results constituting the

remainder and majority of this report.

FLEX WORK AVAILABILITY & USAGE

Formal flexibility policies are the norm. Over ninety percent of the survey participants –

20 firms – have a formal flexibility policy, with reduced hours policies being the most common.

Of the two firms that do not have a formal flexibility policy, one reported that it allows

attorneys to work a reduced schedule on a case-by-case basis.

Reduced hours policies are ubiquitous. All 20 firms that reported having a formal flexibility

policy provide a reduced hours program. However, the availability of other types of flexible

1 “Rate of Part-time Work Among Lawyers Drops for Third Year in 2013.” NALP, April 2014, available at http://www.nalp.org/part_time_pressrel_march2014

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work measured in this instrument ranged from 70 percent of firms with formal telecommuting

polices to 15 percent with job sharing. (See Figure A)

Figure A. Flexibility Types and Usage Among Participating Firms with a Formal Flexibility

Policy (n=20)

Flexible start/end times are the most popular type of flexible work used. Lawyers who

formally start and/or leave work at a time outside of the typical schedule had t h e highest

representation at 17.5 percent. Telecommuting and reduced hours schedules were next,

constituting 11 percent and 8.3 percent of all attorneys at firms with these flexible work types,

respectively. (See Figure A)

White male lawyers are the most likely to telecommute and use flex start/end time. While

white women make up the largest share of reduced hours lawyers, 53 percent of those who

formally flex their start/end times are white men, as are nearly half of those who formally

telecommute. (See Figure B )

Reduced Hours Telecommuting FlexibleStart/End Time

AnnualizedHours

Job Sharing

100%

70%

60%55%

15%8.3% 11%

17.5%7.9%

0

Share of Firms with FWA Type Attorney Usage: Firms with FWA Type

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Figure B. Select Flexible Work Types by Gender and Racial Representation

Reduced hours schedules are more common among non-partnership track attorneys.

Thirty-two percent of Of Counsel and 19 percent of staff attorneys are working reduced hours

compared to five percent of equity partners, non-equity partners, and associates combined. This

may signal that while participants have flexibility policies in place, many are not being used due

to concern for the perceived threat to career advancement to partner or key leadership roles.

(See Figure C)

9.4%

8.6%

10.4%

28.5%

35.5%

57.6%

8.5%

5.9%

2.3%

53.1%

49.7%

29.6%

Flexible Start/End Times

Telecommuting

Reduced Hours

Select Flex Types, by Gender and Racial Group

Women of Color White Women Men of Color White Men

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Figure C. Representation of Reduced Hours Lawyers by Position

LEAVE POLICIES & USAGE

Virtually all firms that offer parental and sabbatical leaves do so at full pay. Maternity

leave and adoption leave are offered at 100 percent and nearly 96 percent of the respondent

firms, respectively, though only about 80 percent offer paternity leave. Fewer offer gender-

neutral parental leave (68 percent). When firms offer these types of paid leave, nearly all provide

full pay for the duration offered in the policy.

Most firms have an on-ramping policy, but it is not always automatic. Over 60 percent of

firms have a gradual return to work policy, but most require that attorneys seek permission to use

it. This additional step can function as a barrier that suppresses usage and acceptance. The Alliance

has guidelines on establishing effective on-ramping policies.

METRICS, RETENTION & LEADERSHIP

Few firms track key metrics for advancing the business case for flexibility. When

implemented properly, studies show that flexible work arrangements can be an effective

retention tool, which represents a significant return on investment and other costs. However,

only one firm responded that it measures attrition costs for attorneys. Further, a majority of firms

have not examined the profitability of reduced hours lawyers; yet, lower profitability is among the

arguments offered against providing reduced hours schedules.

EquityPartners

Non-EquityPartners

Of Counsel Associates StaffAttorneys

4% 7%

32%

6%19%

96% 93%

68%

94%81%

Share of Reduced Hours Lawyers Full Time Attorneys

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Women constitute a smaller percentage of reduced hours attorneys leaving the firm as

compared to their share among all attorneys leaving the firm. Forty percent of all reduced

hours attorneys who left the firm in 2013 were women, which is smaller than the percentage of

women among all reduced hours lawyers (68 percent). Additionally, among all lawyers leaving the

firm, women represented 58 percent, which is substantially higher than their share of all lawyers

(nearly 35 percent). While more study is needed on attrition rates, these figures support the

principle that reduced hours are a helpful retention tool for women who need them.

Working a reduced hours schedule does not (necessarily) negatively impact partnership

admission factors. Nearly 70 percent of firms said that working a reduced hours schedule does

not change the factors for partnership consideration. A key component of a non-stigmatized

reduced hours policy is to ensure there is no impact on promotion or that promotion is

proportional to the schedule. Further, 14 of the 270 attorneys in the respondent firms’ 2013 new

partner classes were working a reduced hours schedule when they made partner.2 While that is

smaller than the percentage of reduced hours attorneys among all attorneys in participant firms,

it is evidence that reduced hours lawyers are being promoted to partnership.

2 Based upon data in the Alliance’s 2013 New Partner Report, found at dfalliance.com.

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METHODOLOGY

The survey was distributed to all Alliance member firms, as well as non-member firms in the 2013

AmLaw 100 in January 2014. Data reflects an effective date of December 31, 2013, and twenty-two (22)

firms completed the survey. Results are summarized through tables, figures, and natural language

in corresponding order to the survey questions. A question may not be represented if the data was not

statistically reliable. Given that not all firms responded to each question, figures representing the

number of firms (i.e., the sample size applicable in the particular calculation) appear either in a

parenthetical next to the descriptive text or in the accompanying graphic.

While nearly two-thirds of the respondent firms are in the AmLaw 100, multiple characteristics of the

survey data are presented when there are meaningful differences due to the range in size and other

characteristics of the firms. Accordingly, for some items, summary statistics may include

percentages, as well as means, medians, and minimum/maximum values. Due to rounding and other

factors (e.g., incomplete demographic information for reported lawyers), frequencies of responses may

not total 100 percent.

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DEMOGRAPHIC INFORMATION FOR PARTICIPANT FIRMS

Figure D. Role of Person Completing the Survey (n=22) Respondents could select more than one role.

“Other” includes two public relations professionals.

Figure E. Number of Offices for Participant Firms. (n=22) Fifteen of the 22 firms were part of

the AmLaw 100 in 2013. Of the remaining seven firms, four were part of the AmLaw 200 in

2013.

Location of Offices

Number of Firms

Mean Number of Offices

Minimum Number of Offices

Maximum Number of Offices

United States

22 10.6 1 42

International 16 12.3 1 75

22.7%

54.5%

4.5%

0

13.6%

31.2%

4.5%

9.1%

Type of Individuals Completing the Survey

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Figure F. Participant Firms – Lawyers by Level and Gender (n=22)

Figure G. Participant Firms – Lawyers by Level and Race/Ethnicity. (n=22)

* Brackets indicate collective share of attorneys of color

EquityPartners

Non-EquityPartners

Of Counsel Associates StaffAttorneys

AllAttorneys

17.7%29.7% 34.6%

45.7%55.9%

34.8%

82.3%70.3% 65.4%

54.3%44.1%

65.2%

Women Men

EquityPartners

Non-EquityPartners

Of Counsel Associates StaffAttorneys

AllAttorneys

92.5%82.1% 88.8%

75.6% 79.6% 82.8%

Alaskan Native/American Indian Asian

Black/African American Hispanic/Latino

Native Hawaiian/Pacific Islander Two or More Races

White Unknown

10.8%7.2%17.6% 23.8% 20% 16.7%

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Figure H. Participant Firms – Lawyers by Level and LGBT Identity (n=18)

EquityPartners

Non-EquityPartners

Of Counsel Associates StaffAttorneys

AllAttorneys

LGBT 1.3% 2% 2.3% 2.5% 0.7% 2%

All Other Lawyers 98.7% 98% 97.7% 97.5% 99.3% 98%

1.3% 2% 2.3% 2.5% 0.7% 2%

98.7% 98% 97.7% 97.5% 99.3% 98%

LGBT All Other Lawyers

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DETAILED SURVEY RESULTS

FLEXIBILITY POLICIES AND USAGE

Does the firm have a formal flexibility policy? Twenty of 22 firms (91 percent) indicated they have a

formal flexibility policy, which was defined to include any of the following types of flexible work:

telecommuting, reduced hours, annualized hours, flexible start/end times, and/or job sharing.

Figure 1. Median Share of Lawyers with a Formal Flexible Work Arrangement by Level

(n=20) Due to the variation in size and attorney population across the sampling of firms,

the chart below shows the median proportion of attorneys on a FWA, by level. Of

Counsel attorneys have the highest proportion of lawyers on a FWA (median value

among firms is over 25 percent), followed by staff attorneys.

2 %

8%

28%

8%

20%

Equity Partners

Non-Equity Partners

Of Counsel

Associates

Staff Attorneys

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REDUCED HOURS

Does the firm’s flexibility policy include a reduced hours arrangement? (n=20) All firms indicating

they have a formal flexibility policy (“yes” on Q1) report the policy includes a reduced hours arrangement.

Figure 2. How long must an attorney work for the firm before becoming eligible for a

reduced hours arrangement? (n = 20) Most firms either do not have a tenure requirement

or have a minimal one, as indicated by the eight firms (40 percent) that selected the 0-6 months

option and four of the eight firms that selected the “Other” option and commented that they do

not have a tenure requirement.

Figure 3. Share of lawyers who have a reduced hours arrangement, among all lawyers at

40%

5%

15%

40%

Length of Tenure Before an Attorney is Eligible for a Reduced Hours Arrangement

0-6 Months 1+ year, but < 2 years 2+ years Other

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firms with reduced hours policies (n=20) Among all attorneys at firms with a reduced

hours policy, just over 8 percent have a reduced hours schedule. By comparison, NALP

reports that 6.1 percent of lawyers work part-time according to an analysis of its 2013-

2014 Directory of Legal Employers.3

3 NALP, supra note 1, at 1.

8%

92%

Total Percentage of Reduced Hours Attorneys Among All Attorneys

Reduced HoursAttorneys

All Other Attorneys

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Figure 4. Share of Reduced Hours Attorneys by Gender and Level (n=20) Women constitute the largest share of reduced hours lawyers overall, and they are a majority of reduced hours lawyers at every level except Of Counsel.

51%

84%

48%

87%

83%

68%

49%

16%

52%

13%

17%

32%

Equity Partners Non-EquityPartners

Of Counsel Associates Staff Attorneys All Attorneys

Share of Men and Women Among Reduced Hours Attorneys: By Level

Women Men

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Figure 5. Share of Attorneys with a Reduced Hours Schedule By Level and Race/Ethnicity

(n=20) Attorneys of color represent approximately 17 percent of all attorneys at participant

firms, but just under 13 percent of reduced hours attorneys.

95%

83.9%

94.2%

79%

81.7%

87.2%

Equity Partners

Non-Equity Partners

Of Counsel

Associates

Staff Attorneys

All Attorneys

American Indian Asian Black Hispanic

Native Hawaiian 2 or More Races White Unknown

12.7%

18.4%

21%

5.9%

16.1%

4.3%

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15 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 6. Intersection of race and gender among reduced hours attorneys (n=20) While there is greater racial and ethnic diversity among women reduced hours attorneys as compared to men, White attorneys still make up the lion’s share of reduced hours lawyers.

Women (Reduced Hours Attorneys) Men (Reduced Hours Attorneys)

84.6%92.8%

American Indian Asian Black Hispanic

Native Hawaiian 2 or More Races White Unknown

15.2%7.2%

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Figure 7. LGBT attorneys with a reduced hours schedule. (n=20) LGBT attorneys constitute about 2 percent of all attorneys at participant firms, but less than half of one percent of all reduced hours lawyers.

Figure 8. Does your reduced hours policy allow attorneys to also telecommute? (n=20) Not only are reduced hours schedules available at the vast majority of participant firms, but reduced hours attorneys at many of these firms also have some flexibility around where they do their work.

0.4%

99.6%

LGBT Reduced Hours Attorneys Among All Reduced Hours Attorneys

LGBTAttorneys

All OtherAttorneys

15%

85%

Percentage of Firms that Allow Telecommuting for Reduced Hours

Attorneys

Yes No

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Figure 9. If so, please indicate the number of attorneys with a reduced hours arrangement

who also formally telecommute (n=15) Over one-third (34 percent) of reduced hours

attorneys at participant firms also formally telecommute.

NUMBER OF REDUCED HOURS ATTORNEYS WHO ALSO FORMALLY TELECOMMUTE

Total by Gender

Mean # Attorneys Median # of Attorneys

Women 279 18.6 5

Men 92 6.1 1 Men & Women

Combined 371 24.7 5

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TELECOMMUTING

Figure 10. Does the firm’s flexibility policy include telecommuting? (n=20) Fourteen firms

(70 percent) indicated their formal flexibility policy includes telecommuting.

Figure 11. How long must an attorney work for the firm before becoming eligible to

telecommute? (n=14) Most firms require attorneys to work between zero and six

months to be eligible for a telecommuting schedule. Just over one-fifth of firms do

not have any tenure requirements for telecommuting eligibility (as reported in the

comments provided by firms that selected “Other”; the remaining firms vary in tenure

eligibility requirements).

70%

30%

Share of Firms that Allow Telecommuting

Yes No

65%14%

21%

Eligibility for Telecommuting Based on Time Worked

0-6 Months

2+ Years

Other

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Figure 12. According to the telecommuting policy, how often can attorneys work remotely?

(n=14) There is an even divide in respondents that allow attorneys to telecommute full

time (43 percent) and those who do not have a specific requirement based upon comments

of firms selecting “Other”.

Figure 13. Share of attorneys who telecommute (n=14) More than 10 percent of attorneys

utilize their firm’s telecommuting policy.

43%

43%

14%

Frequency that Attorneys Can Work Remotely

Full Time

Other

1+ times/weekbut < Full Time

11%

89%

Share of Attorneys Who Telecommute

TelecommutingAttorneys

All Other Attorneys

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Figure 14. Share of attorneys who telecommute by level (n=14) Partnership-track attorneys at

the highest and lowest levels utilize telecommuting at the lowest percentage (11

percent) among their peers. One may expect the opposite – higher usage among equity

partners due to the relative autonomy of their work and among the millennial generation

(which is well-represented among associates), as studies show it demands flexibility more

often than others. Based upon the results below about informal telecommuting, it may be the

case that more associates and equity partners are telecommuting, but not formally utilizing

the firm’s policies. (See Figure 19)

Figure 1 5 . Telecommuting Attorneys by Level and Gender (n=14) Contrary to expectations,

men constitute the largest share of all telecommuting attorneys (at nearly 56 percent). Men

also make up the largest share of attorneys who telecommute at both levels of partnership.

Figure 16. Share of telecommuting attorneys by race/ethnicity among all attorneys (n=14)

E Q U I T Y P A R T N E R S

N O N - E Q U I T Y P A R T N E R S

O F C O U N S E L A S S O C I A T E S S T A F F A T T O R N E Y S

8.8%19% 26.1%

7.3%21%

91.2%81% 73.9%

92.7%79%

Share of Telecommuting Attorneys Among All Attorneys, by Level

Telecommuters All Other Attorneys

All Attorney Positions

Staff Attorneys

Associates

Of Counsel

Non-Equity Partners

Equity Partners

44.3%

72.5%

57.6%

47.8%

32.4%

25.7%

55.7%

27.5%

42.4%

52.2%

67.6%

74.3%

Men Women

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21 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Given that telecommuting is one of the least stigmatized forms of flexibility, one might

expect to see greater representation of attorneys of color among telecommuters. Yet at

nearly 15 percent of all telecommuters, attorneys of color are underrepresented even as

compared to their share of all attorneys among respondent firms (nearly 17 percent).

Figure 17. Intersection of race/ethnicity and gender among telecommuters (n=14) White

women make up the largest share of all female telecommuters, followed by Asian

Equity Partners

Non-Equity Partners

Of Counsel

Associates

Staff Attorneys

All Attorneys

94.2%

90.8%

87%

75.3%

78.8%

85.2%

EquityPartners

Non-EquityPartners

Of Counsel AssociatesStaff

AttorneysAll Attorneys

White 94.2% 90.8% 87% 75.3% 78.8% 85.2%

American Indian 0 0.5% 0 0.3% 0 0.2%

Asian 3.1% 3.8% 5.4% 12.8% 7.5% 7%

Black 0.3% 1.5% 2.7% 4% 5% 2.5%

Hispanic 2% 3% 2.7% 4.9% 7.5% 3.6%

Native Hawaiian 0 0.5% 0 0.6% 0 0.3%

2 or More Races 0 0 1.6% 1.8% 1.3% 1%

Unknown 0.4% 0 0.5% 0.3% 0 0.3%

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22 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

women. T h e share of White men is even larger and Asian men are a distant second

for male telecommuters.

Figure 18. Share of LGBT attorneys who telecommute among all telecommuters (n=14)

WOMEN MEN

American Indian 0.2% 0.2%

Asian 10.5% 4.3%

Black 2.1% 2.7%

Hispanic 4.9% 2.6%

Native Hawaiian 0 0.5%

2+ Races 1.7% 0.3%

White 80.1% 89.3%

Unknown 0.4% 0.2%

80.1%

89.3%

Race/Ethnicity & Gender of Telecommuting Attorneys

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23 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

The proportion of LGBT attorneys who telecommute is similar to their

representation in the overall attorney population. In addition, as with men in

general, men make up a larger share of telecommuters among LGBT attorneys.

Figure 19. Does the firm have attorneys who informally telecommute? (n=20) An

overwhelming number – 19 of 20 – of firms have attorneys who telecommute, but not formally. While this indicates that firms are allowing attorneys some control over where they work, the Alliance advises firms to formalize flexibility policies, including those on telecommuting. A formalized telecommuting policy:

Provides a collective

understanding of what the

firm means by flexibility;

Demonstrates that the firm

is serious about promoting

flexibility which is

important to attorneys,

clients, and potential

candidates; and

Standardizes expectations

and experiences around

flexibility across the firm’s

offices, practice groups, and

operational areas.

5%

95%

Does the Firm have Attorneys who Informally

Telecommute?

No

Yes

29.4%

70.6%

LGBT Attorneys Who Telecommute: Gender

Breakdown

Women

Men

1.6%

98.4%

LGBT Attorneys Among All Telecommuting Attorneys

LGBTAttorneys

All OtherAttorneys

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24 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

ANNUALIZED HOURS

Figure 20. Does the firm’s flexibility policy include annualized hours arrangements? (n=20)

Eleven (55 percent) of the 20 firms with formal flexibility policies include annualized

hours arrangements.

Figure 21. How long must an attorney work for the firm before becoming eligible for

annualized hours? (n=11) An equal share of firms require zero to six months or more

than two years, respectively, before an attorney can work an annualized hours schedule.

In the “Other” category, three firms commented that they have no tenure requirement,

and two firms commented that they require at least two years.

55%45%

Share of Firms with a Formal Annualized Hours Policy

Yes No

27%

27%

46%

Eligibility for an Annualized Hours Schedule Based Upon Time Worked

0-6 Months 2+ Years Other

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25 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 22. Share of attorneys with an annualized hours schedule (n=11) Among firms that provide

such arrangements, approximately eight percent of lawyers work annualized hours.

Figure 23. Share of attorneys on an annualized hours schedule by level (n=11) Beyond job sharing,

annualized hours schedules were the least utilized form of flexibility used at the time of the

survey. This could be attributed to the fact that it tends to be used within specific practice

groups such as M&A and other practices with workloads that can vary dramatically over time.

However, more than one-fifth of staff attorneys work annualized hours.

EquityPartners

Non-EquityPartners

Of Counsel Associates StaffAttorneys

6.5% 4.4%12.1% 8.8%

20.7%

93.5% 95.6%87.9% 91.2%

79.3%

Share of Attorneys on an Annualized Schedule by Level

Annualized All Other Attorneys

8%

92%

Share of Attorneys Working an Annualized Hours Schedule

Annualized Hours Attorneys All Other Attorneys

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26 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 24. Annualized Hours Attorneys: Various Demographic Views (n=11)

13% 9%

43%

35%

Intersection of Race and Gender for Annualized

Hours Attorneys

Women of Color Men of Color

White Women White Men

0.2%

13%

2.3% 3.4%

2.3%

77.4%

0.7%

Attorneys on Annualized Hours by Race/Ethnicity

American Indian Asian

Black Hispanic

Native Hawaiian (0) 2+ Races

White Unknown

3%

97%

Share of LGBT Attorneys Among All Annualized

Hours Attorneys

LGBT Attorneys All Other Attorneys

44%56%

Attorneys on Annualized Hours by Gender

Men Women

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27 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

FLEXIBLE START/END TIMES

Figure 25. Does the firm’s flexibility policy include flexible start/end time arrangements?

(n=20) Twelve of the 20 firms with a formal flexibility policy include flexible

start/end time arrangements as part of those policies.

Figure 26. How long must an attorney work for the firm before becoming eligible for a

start/end time arrangement? (n=12) Half of the responding firms require zero to

six months tenure in order to be eligible for a flexible start/end time arrangement. Of

the four firms who responded “other”, half do not have a tenure requirement; one

evaluates such requests on a case-by-case basis; and one requires a minimum of two

years.

60%40%

Share of Firms that Have Flexible Start/End Times

Yes No

50%

17%

33%

Eligiblity for Flexible Start/End Time Arrangement Based Upon Time Worked

0-6 Months 2+ Years Other

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28 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 27. Share of attorneys working a flexible start/end time arrangement (n=12)

Flexible start/end time arrangements are the most used (17.5 percent) flexibility

policies among the five types surveyed at the responding firms.

Figure 28. Share of attorneys with a flexible start/end time arrangement by level (n=12)

Flexible start/end time schedules are more evenly distributed among position types as

compared to other types of flexible work.

17.5%

82.5%

Attorneys with Flexible Start/End Time Arrangements

Flexible Start/End Time Attorneys All Other Attorneys

EQ U I T Y P A R T N ER S

N O N - EQ U I T Y P A R T N ER S

O F C O U N S EL A S S O C I A T ES S T A F F A T T O R N EY S

16.0%24.7% 21.4% 16.2% 15.7%

84.0%75.3% 78.6% 83.8% 84.3%

Flexible Start/End Time Attorneys All Other Attorneys

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29 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 29. Attorneys with a flexible start/end time arrangement by level and gender

(n=12) As with telecommuting, men constitute the largest percentage of flexible

start/end time users, including at the partnership level.

Figure 30. Flexible start/end time attorneys by race/ethnicity (n=12) While flexible

start/end times are the most utilized flexible work type, the share of attorneys of

color (18 percent) among all attorneys who use this flex type is only slightly higher than their

representation in the general attorney population (17 percent).

EquityPartners

Non-EquityPartners

Of Counsel Associates StaffAttorneys

AllAttorneys

16.8% 27.1% 44.2% 50.5% 65.5%37.9%

83.2%72.9%

55.8% 49.5%34.5%

62.1%

Women Men

Equity Partners

Non-Equity Partners

Of Counsel

Associates

Staff Attorneys

All Attorneys

92.7%

91.7%

80.3%

72.6%

69.1%

81.6%

Equity PartnersNon-Equity

PartnersOf Counsel Associates Staff Attorneys All Attorneys

American Indian 0 0 0 0 0 0

Asian 4.4% 3.7% 8.1% 15.4% 14.5% 9.9%

Black 0.63% 1.6% 4.1% 3.9% 5.4% 2.8%

Hispanic 1.9% 2.6% 4.9% 4.5% 9% 3.8%

Native Hawaiian 0 0.52% 0 0.6% 0 0.3%

2 or More 0 0 1.6% 2.2% 1.8% 1.2%

White 92.7% 91.7% 80.3% 72.6% 69.1% 81.6%

Unknown 0.3% 0 0.8% 0.8% 0 0.5%

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30 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 31. Intersection of race and gender for flexible start/end time attorneys (n=12)

Building on the last two figures, while flexible start/end times are the most utilized

type of flexibility and men constitute a larger share than women among users, usage

among men of color is particularly low.

Women (Flex Start/End TimeAttorneys)

Men (Flexible Start/End TimeAttorneys)

White 75.3% 85.4%

American Indian 0 0

Asian 14.3% 7.1%

Black 3.3% 2.4%

Hispanic 5.1% 3%

Native Hawaiian 0.4% 0.2%

2 or more 1.5% 0.9%

Unknown 0 0.8%

75.3%

85.4%

Racial/Ethnic Breakdown of Flexible Start/End Attorneys, by Gender

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31 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 32. Share of LGBT attorneys among all flexible start/end time lawyers (n=12) LGBT attorneys constitute only 2.5 percent of all lawyers who flex their start/end times, but that is a larger share than their representation in the overall attorney population (approximately 2 percent) of the participant firms.

2.5%

97.5%

LGBT Flex Start/End Time Attorneys Among All Flex Start/End Time Attorneys

LGBT Attorneys All Other Attorneys

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32 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

JOB SH ARING

Only three of 20 firms with a formal flexibility policy include job sharing as part of that policy. Of

those firms, tenure eligibility ranges from zero-six months to more than two years. None of these

firms had any attorneys who job shared at the time of the survey. Since this survey closed in March

2014, however, the Alliance has learned of an additional member firm that includes job sharing as part

of its flexibility policy and has two lawyers utilizing the policy.

ADDITIONAL FLEXIBILITY POLICIES AND USAGE QUESTIONS

Relationship between flexibility and retirement (n=2) Only two firms provided data in response to

a request for the number of attorneys working a flexible schedule who w e r e within five years

of retirement. Of those two firms, only one attorney was reported. With more responses to this

question, we might expect to see that men working reduced hours during the time immediately before

retirement are contributing to the higher share of men working reduced hours among equity partners

and of counsel (See Figure 4).

Availability of flexible work for staff (n=20) Exactly half of the 20 responding firms extend the

flexibility policy to staff.

Types of flexible work options available to staff (n=10) A majority of firms (six all together)

offer three or more types of flexible work to staff, including two that provide parity between attorneys

and staff in the types offered. Three firms offer one type of flexibility to staff, and another “makes

reasonable accommodation” regarding flexibility for staff.

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33 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

LEAVE POLICIES AND USAGE

Figure 33. Does the firm offer the following types of paid leave for attorneys? (n=22) Note

that firms could check multiple categories. These are the percentages of the 22 firms

that checked “yes.” Maternity and adoption leave are nearly universal; there is

considerably more variance in the provision of paternal and sabbatical paid-leaves.

Further, more than half of firms have some form of a gender neutral parental leave

policy, consistent with Alliance guidance.

Figure 3 4 . The duration and type of leave provided by the policy. In open-comments, it

became clear that these numbers depend on the attorney’s position and tenure with

the firm. In many firms, duration of leave is tiered.

Type of Leave

Applicable/Responding # of Firms

Mean # of Weeks

Median # of Weeks

Maximum # of Weeks

Adoption 20 12.2 12 18

Maternity 21 13.9 14 18

Parental 13 9.7 10 18

Paternity 17 7.7 6 18

Sabbatical 5 30.8 12 104

S A B B A T I C A L

P A T ER N I T Y

P A R EN T A L

M A T ER N I T Y

A D O P T I O N

27.3%

81.8%

68.2%

100%

95.5%

Share of Firms Offering Paid Leave, by Type

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34 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 35. Percentage of pay provided during leave by leave type. Virtually all responding

firms offer full pay for all leaves types (for the duration offered by the policy). One

firm offers full pay for only the first four weeks of paternity leave, and one firm does

not pay for sabbaticals.

Figure 36. Average amount of leave taken by type

Type of Leave

Applicable/Responding # of Firms

Mean # of Weeks

Median # of Weeks

Minimum # of Weeks

Maximum # of Weeks

Adoption 17 4.8 0 0 18

Maternity 20 14.1 14.5 3 22

Parental 11 8.1 6 3 18

Paternity 16 4.0 3.6 2 12

Sabbatical 3 10.6 12 7.9 12

Adoption (n=21) Maternity Leave(n=22)

Parental Leave(n=14)

Paternity Leave(n=18)

Sabbatical (n=6)

100% 100% 100% 94%

83%

0 0 06%

17%

100% of Pay Pay Varies

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35 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 37. Types of leave eligible for a gradual return to work (on-ramping)? (n=22)

Figure 38. Statement best describing on-ramping policy? (n=15) While a majority of

respondents have a formal on-ramping policy, only two automatically allow it. The

Alliance recommends making on-ramping automatic, as requiring permission can

unnecessarily reduce usage. Among those who responded “other”, the responses range

from evaluating on-ramping requests on a case-by-case basis, to announcing an

imminent change of policy to make on-ramping automatic.

WHICH STATEMENT BEST DESCRIBES THE ON-RAMPING POLICY?

On-ramping is automatic and returning attorneys do not need permission to use the policy.

13.3%

On-ramping is available pursuant to an arrangement between the returning attorney and his or her practice group head or other supervisor.

33.3%

On-ramping arrangements are negotiated by returning attorneys and their practice group heads based on the needs of the attorneys and the firm.

26.7%

Other 26.7%

NO ON-RAMPING POLICY

MEDICAL

PATERNITY

PARENTAL

MATERNITY

ADOPTION

18.2%

68.2%

59.1%

54.6%

68.2%

68.2%

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36 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 39. Length of reduced schedule permitted as part of on-ramping policy (n=14) Of

the 11 firms that responded “other”, five do not place any limits on the length of the

reduced schedule when returning from leave. The remaining firms have a wide range

of time limitations for a post-leave reduced hours schedule.

Figure 40. Share of firms offering paid leave to non-attorney staff (n=22) The percentage of firms offering paid leave approaches parity with the share offering paid leave to attorneys.

21%

79%

Length of Reduced Schedule Through a Firm's On-Ramping Policy

1 year or more Other

9.1%

18.1%

63.6%

54.5%

90.1%

81.8%

None

Sabbatical

Paternity

Parental

Maternity

Adoption

Firms Offering Paid Leave (by type) to Non-Attorney Staff

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37 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 41. Does the firm have a leave donation policy? (n=22)

68%

32%

Share of Firms with a Leave Donation Policy

Yes No

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38 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

COMPENSATION, PROFITABILITY, AND RETENTION

Figure 42. For flexible work arrangements not involving a full-time schedule, does the firm

provide the following on a pro-rata basis? All responding firms offer compensation

on at least a pro-rata basis for flexible work arrangements that do not involve a full-

time schedule, but one firm reports not doing so for leave.

Figure 43. Has the firm studied the profitability of attorneys working reduced hours? (n=21)

Among the arguments offered against reduced hours schedules is that attorneys working

reduced hours are less profitable than those on full-time schedules. As exhibited in the figure

below, however, many firms have not examined this assumption.

52%43%

5%

Share of Firms that Study Profitability of Reduced Hours Attorneys

No Yes Unknown

Compensation(n=21)

Benefits (n=21) Leave (n=19)

100% 100% 94.7%

0 0 5.3%

Offered on a Pro-rata Basis?

Yes No

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39 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 44. Which of the following metrics does the firm use to track attorney profitability?

(n=22) Over half of the responding firms report using margin and revenue as a reporting

tool.

Figure 45. Does the firm measure attrition costs for attorneys? (n=22) When implemented

properly, studies show that flexible work arrangements can be an effective retention tool,

which represents a significant return on investment and other costs. However, only one

firm responded that it measures attrition costs for attorneys.

Unknown

Other

Leverage

Margin

Revenue

13.6%

27.2%

31.8%

59.1%

59.1%

Metrics Used to Track Profitability

5%

95%

Share of Firms that Measure Attrition Costs

Yes No

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40 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

PROMOTION AND LEADERSHIP

Figure 46. What impact, if any, does working reduced hours have on attorney promotion?

(n=22) A clear majority of firms indicate that working a reduced hours schedule does

not have a negative impact on promotion. Only one firm (which selected “other”)

indicated that it has not decided whether working a reduced hours schedule impacts

promotion.

No Effect onPromotion Eligible for

Promotion Not Eligible forPartnership May/May Not

ExtendPromotion

Consideration

ExtendsPromotion

Consideration

Other

68.2%68.2%

0

59.1%

9.1%

4.5%

Impact of a Reduced Hours Schedule on Attorney Promotion

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41 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Reduced hours attorneys who made partner in 2013 (n=22) Fourteen attorneys were reported as

working reduced hours when they made partner in 2013. Among them 13 are women, including one

woman of color.

Current equity partners who were working reduced hours schedules when they made equity

partner (n=22) A little more than one-third of firms (36.4 percent) have no equity partners who

were working a reduced hours schedule when they made equity partner. The same share reported that

the information was unknown. Just over 18 percent of firms reported two to three individuals who

met the description, and two firms reported more than a dozen such individuals.

Current equity partners who worked reduced hours at any point before they made equity

partner (n=22) A plurality of firms (45.5 percent) reported they do not know whether any current

equity partners worked reduced hours before making equity partner. Four more firms reported

between two and three individuals, and one firm reported 28 individuals.

Figure 47. Reduced hours attorneys in leadership positions (n=22) As exemplified in the

graphic below, working a reduced hours schedule is consistent with participation

in firm citizenship and leadership roles, including chair or managing partner.

FIRM CHAIR OR

PARTNER

PRACTICE GROUP

MEMBERS

CHAIR

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42 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

FLEXIBILITY STRUCTURE AND SUPPORT

Figure 48. Is there a designated administrator who tracks flexible work arrangements? (n=

22) The vast majority of firms follow the best practice of having a designated flex

administrator. As we will learn below, a substantial number of these individuals are in

a managerial-level role, consistent with Alliance guidance.

Figure 49. How often is each flexible work arrangement reviewed? (n=22) For this

question, participants were able to check more than one response. About 25 percent

of firms report having no formal review process, but a number of respondents

selecting “Other” have a review process that is more frequent than the options

provided by the survey question.

18%

77%

5%

Share of Firms with a Designated Flex Administrator

No Yes Other

27.3%

27.3%

36.4%

18.2%

22.7%

31.8%

Other

No Formal Review

Annually

Semi-Annually

Quarterly

With Performance Review

Frequency of Review of Flexible Arrangements

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43 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 50. What other types of support does the firm provide? (n=22) Affinity groups for

individuals working flexibly were among the comments provided by firms responding

“Other”.

Training forFlex Attys Sponsorship

Training forSupervisorsof Flex Attys

MentoringCoaching

Other

59.1%

27.3%

54.5%

68.2%

50%

40.9%

Support Structures for Attorneys with Flexible Work Arrangements

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44 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Figure 51. What types of activities has your firm engaged in to address the stigma that is

sometimes associated with the use of flexible work arrangements? (n=22) Among

the responses provided, it is particularly encouraging that nearly three-quarters of firms

indicate that they focus on ensuring flex lawyers have the kind of work that will keep them

on a path to promotion.

Other

Management Level Professional Oversees theProgram

Affinity Groups for Flex/AWS Attys

Indication of Support of Flex/AWS in Supervisors'Performance Reviews

Publicizing Successful Flex/AWS Attys for Use as RoleModels

Monitoring/Addressing Backlash

Social Inclusion at Work and Work Functions

Equal Recognition of Flex/AWS Attys' BusinessSuccess

Equal Training and Business DevelopmentOpportunities

Ensuring Flex/AWS Attys Receive DesirableAssignments

Recognition of Accrued Benefits

Supportive Communication from Top Levels ofManagement

Frequent Discussion of the Business Benefits of FlexArrangements

31.8%

63.6%

45.5%

18.2%

36.4%

54.5%

63.6%

45.5%

63.6%

72.7%

27.3%

63.6%

63.6%

Activites in Place to Eliminate Stigma

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45 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

ATTRITION

Attrition among attorneys overall (n=20) and reduced hours attorneys (n=16). Virtually the same

proportion (12 percent and 12.4 percent, respectively) of attorneys overall and reduced hours attorneys

left participant firms in 2013.

Figure 52. Full time lawyers and reduced hours lawyers who have left the firm by gender.

T h e s h a r e o f women (58 percent) among all lawyers leaving participant firms

is over-represented as compared to the share of women attorneys in respondent firms

(34.8 percent). Among reduced hours lawyers leaving the firm, however, women

are slightly underrepresented, which supports the principal that a reduced hours

schedule can be an effective retention tool for women who need

it.

Full Time Lawyers(n=20)

Reduced Hours Lawyers(n=16)

42% 60%

58%

40%

Men

Women

Attrition of Full Time & Reduced Hours Attorneys by Gender

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46 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

APPENDIX

DEFINITIONS

● Annualized Hours: An arrangement in which the number of hours an individual is expected to

work is reduced over the course of a year, rather than on a weekly basis, providing flexibility for

shorter hours (or leave) during slow workload periods and longer hours during heavy ones.

● Associates: Partnership-track attorneys who are employees of the firm and do not hold an

ownership interest. For purposes of this survey, Senior Associates were categorized as

“Associates” even if they are identified by another title (such as "Counsel") and did not fall into

another attorney category as defined in this survey.

● Attorneys/Women/Men of Color: Refers to attorneys whose racial or ethnic identity is

included in one of the following categories: Alaskan Native or American Indian; Asian; Black or African

American; Hispanic or Latino; Native Hawaiian or Pacific Islander.

● Compressed Work Schedule: A schedule that allows individuals to work their full-time hours

over a shorter period of time than is standard in the organization.

● Equity Partners: Attorneys who have an ownership stake in the firm and draw a majority of their

compensation from a distribution proportionate to that interest

● Flexibility: Providing individuals the opportunity to define how, when, and where work gets

done.

● Flexible Start/End Times: An arrangement in which an individual sets the time he/she will be

in the office, typically starting and ending a few hours earlier or later than others in the workplace.

● Flexible Work Arrangement: A formal agreement that states how, when, and where work gets

done. Examples include: teleworking, compressed work schedules, reduced workload, annualized

hours, flexible start/end times, and job sharing.

● Job Sharing: An arrangement in which two individuals share one position. They may work on

the same projects or separate projects.

● Leave Donation: A policy that allows attorneys and/or staff to donate a portion of their unused

paid time off (e.g., sick leave, vacation time, etc.) to co-workers in need of additional paid time

off.

● LGBT: Refers to attorneys and staff who self-identify as lesbian, gay, bisexual and/or transgender.

● Management Committee: The group of partners and other senior members of a firm who are

charged with directing the firm.

● Non-Equity Partners: Attorneys who have been promoted to the partner level do not have an

ownership stake in the firm. Non-Equity partners receive a majority of their compensation on a

fixed income basis.

● Of Counsel: Attorneys who typically are not actively involved in the day-to-day work of a law

firm, but are available in particular matters or for consultation.

● On-ramping: Arrangements that ease the transition back into work for attorneys returning from

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47 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

family and medical leave by allowing them to come back on a reduced hours schedule and gradually

increase their hours over time until they are back to full-time (or make other arrangements).

● Racial and Ethnic Categories: Reflects a social definition of race and ethnicity generally

recognized in the United States, as outlined by the U.S. Census Bureau. The categories include:

Alaskan Native or American Indian; Asian; Black or African American; Hispanic or Latino; Native Hawaiian

or Pacific Islander; and White (including persons having origins in Europe, North Africa or the Middle

East). Individuals for this survey could only be listed under one category. For individuals who

identify as one or more races/ethnicities, or whose race/ethnicity does not match one of the listed

categories, “two or more races/ethnicities” or “race/ethnicity unknown or unlisted” respectively

was marked.

● Reduced Hours: A work schedule that encompasses fewer hours than the standard full-time

schedule each week, typically with pro-rated compensation and benefits.

● Staff Attorneys: Non-partnership track attorneys who are employees of the firm and provide

additional capacity at a lower billable rate than associates.

● Telecommuting: Also known as remote work or telework. An arrangement in which an

individual works from some place other than the employer’s premises, either on a full-time or

part-time basis.

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48 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

TABLE 1

TABLES OF RAW SURVEY DATA

TOTAL NUMBER OF ATTORNEYS IN U.S. OFFICES (from firm information, Item 4)

Equity Non-Equity Of Counsel Associates Staff Total by Gender

Women 678 561 413 2661 315 4628

Men 3146 1329 779 3161 249 8664

Total by Level 3824 1890 1192 5822 564 13292

BREAK DOWN BY RACE, ETHNICITY & LGBT ATTORNEYS

Alaskan Native or American Indian

Women 2 1 0 2 0 5

Men 3 0 2 6 0 11

Total by Level 5 1 2 8 0 16

Asian

Women 31 44 28 369 30 502

Men 88 45 22 316 15 486

Total by Level 119 89 50 685 45 988

Black or African American

Women 14 32 11 142 21 220

Men 45 24 20 105 6 200

Total by Level 59 56 31 247 27 420

Hispanic or Latino

Women 19 17 20 132 17 205

Men 55 38 12 131 8 244

Total by Level 74 55 32 263 25 449

Native Hawaiian or Pacific Islander

Women 1 0 0 4 0 5

Men 2 1 0 4 0 7

Total by Level 3 1 0 8 0 12

Two or More Races/Ethnicities

Women 2 37 8 93 10 150

Men 13 95 6 82 6 202

Total by Level 15 132 14 175 16 352

White

Women 606 429 346 1903 237 3521

Men 2931 1122 712 2500 212 7477

Total by Level 3537 1551 1058 4403 449 10998

Unknown Race/Ethnicity

Women 3 1 0 16 0 20

Men 9 4 5 17 2 37

Total by Level 12 5 5 33 2 57

LGBT

Women 13 13 7 42 2 77

Men 35 24 20 105 2 186

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49 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

Total by Level 48 37 27 147 4 263

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50 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

TABLE 2 NUMBER OF REDUCED HOURS ATTORNEYS IN U.S. OFFICES

Equity Non-Equity Of Counsel Associates Staff Total by Gender

Women 81 99 175 291 90 736

Men 79 19 186 42 19 345

Total by Level 160 118 361 333 109 1081

BREAK DOWN BY RACE, ETHNICITY & LGBT ATTORNEYS

Alaskan Native or American Indian

Women 0 1 0 0 0 1

Men 0 0 0 0 0 0

Total by Level 0 1 0 0 0 1

Asian

Women 3 9 7 35 5 59

Men 2 1 1 2 2 8

Total by Level 5 10 8 37 7 67

Black or African American

Women 0 4 3 7 2 16

Men 1 0 3 2 3 9

Total by Level 1 4 6 9 5 25

Hispanic or Latino

Women 1 4 4 12 5 26

Men 0 0 1 3 0 4

Total by Level 1 4 5 15 5 30

Native Hawaiian or Pacific Islander

Women 0 0 0 1 0 1

Men 0 0 0 0 0 0

Total by Level 0 0 0 1 0 1

Two or More Races/Ethnicities

Women 0 0 1 5 3 9

Men 0 0 1 3 0 4

Total by Level 0 0 2 8 3 13

White

Women 76 81 160 231 75 623

Men 76 18 180 32 14 320

Total by Level 152 99 340 263 89 943

Unknown Race/Ethnicity

Women 1 0 0 0 0 1

Men 0 0 0 0 0 0

Total by Level 1 0 0 0 0 1

LGBT

Women 0 0 0 2 0 2

Men 0 0 1 1 0 2

Total by Level 0 0 1 3 0 4

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51 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

TABLE 3 NUMBER OF ATTORNEYS IN U.S. OFFICES WHO TELECOMMUTE

Equity Non-Equity Of Counsel Associates Staff Total by Gender

Women 66 67 88 189 58 468

Men 191 140 96 139 22 588

Total by Level 257 207 184 328 80 1056

BREAK DOWN BY RACE, ETHNICITY & LGBT ATTORNEYS

Alaskan Native or American Indian

Women 0 1 0 0 0 1

Men 0 0 0 1 0 1

Total by Level 0 1 0 1 0 2

Asian

Women 6 4 8 26 5 49

Men 2 4 2 16 1 25

Total by Level 8 8 10 42 6 74

Black or African American

Women 0 1 1 5 3 10

Men 1 2 4 8 1 16

Total by Level 1 3 5 13 4 26

Hispanic or Latino

Women 3 3 3 10 4 23

Men 2 3 2 6 2 15

Total by Level 5 6 5 16 6 38

Native Hawaiian or Pacific Islander Women 0 0 0 0 0 0

Men 0 1 0 2 0 3

Total by Level 0 1 0 2 0 3

Two or More Races/Ethnicities

Women 0 0 2 5 1 8

Men 0 0 1 1 0 2

Total by Level 0 0 3 6 1 10

White

Women 56 58 74 142 45 375

Men 186 130 86 105 18 525

Total by Level 242 188 160 247 63 900

Unknown Race/Ethnicity

Women 1 0 0 1 0 2

Men 0 0 1 0 0 1

Total by Level 1 0 1 1 0 3

LGBT

Women 2 2 0 1 0 5

Men 2 2 1 7 0 12

Total by Level 4 4 1 8 0 17

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52 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

TABLE 4 NUMBER OF ATTORNEYS IN U.S. OFFICES WITH ANNUALIZED HOURS

Equity Non-Equity Of Counsel Associates Staff Total by Gender

Women 29 51 38 167 26 311

Men 90 5 23 120 8 246

Total by Level 119 56 61 287 34 557

BREAK DOWN BY RACE, ETHNICITY & LGBT ATTORNEYS

Alaskan Native or American Indian Women 0 1 0 0 0 1

Men 0 0 0 0 0 0

Total by Level 0 1 0 0 0 1

Asian Women 1 6 3 28 5 43

Men 7 1 1 23 1 33

Total by Level 8 7 4 51 6 76

Black or African American Women 0 2 2 3 1 8

Men 1 0 1 3 0 5

Total by Level 1 2 3 6 1 13

Hispanic or Latino Women 0 1 4 7 0 12

Men 2 0 0 5 0 7

Total by Level 2 1 4 12 0 19

Native Hawaiian or Pacific Islander Women 0 0 0 0 0 0

Men 0 0 0 0 0 0

Total by Level 0 0 0 0 0 0

Two or More Races/Ethnicities Women 0 0 0 8 0 8

Men 0 0 1 3 1 5

Total by Level 0 0 1 11 1 13

White Women 28 41 29 121 20 239

Men 79 4 20 83 6 192

Total by Level 107 45 49 204 26 431

Unknown Race/Ethnicity Women 0 0 0 0 0 0

Men 1 0 0 3 0 4

Total by Level 1 0 0 3 0 4

LGBT Women 0 0 0 2 1 3

Men 1 0 2 11 0 14

Total by Level 1 0 2 13 1 17

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53 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

TABLE 5 NUMBER OF ATTORNEYS IN U.S. OFFICES THAT FORMALLY FLEX THEIR

START/END TIMES

Equity Non-Equity Of Counsel Associates Staff Total by Gender

Women 53 52 54 258 36 453

Men 262 140 68 253 19 742

Total by Level 315 192 122 511 55 1195

BREAK DOWN BY RACE, ETHNICITY & LGBT ATTORNEYS

Alaskan Native or American Indian

Women 0 0 0 0 0 0

Men 0 0 0 0 0 0

Total by Level 0 0 0 0 0 0

Asian

Women 5 3 8 42 7 65

Men 9 4 2 37 1 53

Total by Level 14 7 10 79 8 118

Black or African American

Women 0 1 2 10 2 15

Men 2 2 3 10 1 18

Total by Level 2 3 5 20 3 33

Hispanic or Latino

Women 2 2 4 12 3 23

Men 4 3 2 11 2 22

Total by Level 6 5 6 23 5 45

Native Hawaiian or Pacific Islander

Women 0 0 0 2 0 2

Men 0 1 0 1 0 2

Total by Level 0 1 0 3 0 4

Two or More Races/Ethnicities

Women 0 0 1 6 0 7

Men 0 0 1 5 1 7

Total by Level 0 0 2 11 1 14

White

Women 46 46 39 186 24 341

Men 246 130 59 185 14 634

Total by Level 292 176 98 371 38 975

Unknown Race/Ethnicity

Women 0 0 0 0 0 0

Men 1 0 1 4 0 6

Total by Level 1 0 1 4 0 6

LGBT

Women 2 2 0 3 1 8

Men 3 2 1 16 0 22

Total by Level 5 4 1 19 1 30

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54 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

TABLE 6 OVERALL ATTRITION OF ATTORNEYS IN U.S. OFFICES IN 2013

(JANUARY – DECEMBER)

Equity Non-Equity Of Counsel Associates Staff Total by Gender

Women 43 47 59 394 48 591

Men 141 100 121 421 31 814

Total by Level 184 147 180 815 79 1405

BREAK DOWN BY RACE, ETHNICITY & LGBT ATTORNEYS

Alaskan Native or American Indian

Women 0 0 0 0 0 0

Men 0 0 0 1 0 1

Total by Level 0 0 0 1 0 1

Asian

Women 0 5 6 72 9 92

Men 4 3 7 58 4 76

Total by Level 4 8 13 130 13 168

Black or African American

Women 2 2 6 26 4 40

Men 3 5 1 19 1 29

Total by Level 5 7 7 45 5 69

Hispanic or Latino

Women 1 3 4 11 1 20

Men 2 3 1 20 2 28

Total by Level 3 6 5 31 3 48

Native Hawaiian or Pacific Islander

Women 0 0 1 2 0 3

Men 0 0 0 0 0 0

Total by Level 0 0 1 2 0 3

Two or More Races/Ethnicities

Women 0 1 1 13 2 17

Men 3 1 4 17 1 26

Total by Level 3 2 5 30 3 43

White

Women 40 36 41 268 30 415

Men 127 87 108 306 21 649

Total by Level 167 123 149 574 51 1064

Unknown Race/Ethnicity

Women 0 0 0 2 2 4

Men 2 1 0 0 2 5

Total by Level 2 1 0 2 4 9

LGBT

Women 1 3 0 7 0 11

Men 1 0 0 14 2 17

Total by Level 2 3 0 21 2 28

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55 Diversity & Flexibility Alliance 2014 Flexibility Benchmarking Survey Report

TABLE 7

ATTRITION OF ATTORNEYS WORKING REDUCED HOURS IN U.S. OFFICES IN 2013 (JANUARY – DECEMBER)

Equity Non-Equity Of Counsel Associates Staff Total by Gender

Women 2 5 21 32 7 67

Men 7 1 27 8 2 45

Total by Level 9 6 48 40 9 112

BREAK DOWN BY RACE, ETHNICITY & LGBT ATTORNEYS

Alaskan Native or American Indian

Women 0 0 0 0 0 0

Men 0 0 0 0 0 0

Total by Level 0 0 0 0 0 0

Asian

Women 0 0 3 6 0 9

Men 0 0 1 5 0 6

Total by Level 0 0 4 11 0 15

Black or African American

Women 0 0 0 1 0 1

Men 0 0 0 0 0 0

Total by Level 0 0 0 1 0 1

Hispanic or Latino

Women 0 0 1 0 0 1

Men 0 0 0 0 0 0

Total by Level 0 0 1 0 0 1

Native Hawaiian or Pacific Islander

Women 0 0 0 0 0 0

Men 0 0 0 0 0 0

Total by Level 0 0 0 0 0 0

Two or More Races/Ethnicities

Women 0 0 1 2 1 4

Men 0 0 0 0 0 0

Total by Level 0 0 1 2 1 4

White

Women 2 5 16 23 5 51

Men 7 1 26 3 2 39

Total by Level 9 6 42 26 7 90

Unknown Race/Ethnicity

Women 0 0 0 0 1 1

Men 0 0 0 0 0 0

Total by Level 0 0 0 0 1 1

LGBT

Women 0 0 0 0 0 0

Men 0 0 0 1 0 1

Total by Level 0 0 0 1 0 1