W
hat time do you typically arrive at
the office each day? No matter your
preference, I bet you are a good
lawyer. Your clients and colleagues
count on you, trust you, and look to you for advice
and counsel. As a general matter, the time at which
you arrive in the office likely has no bearing on what
kind of lawyer you are. Why is it, then, that most of us
still know a lawyer who takes note of those who are
in the office by nine and still around after six?
At the beginning of my career, I preferred to
find my way into the office before the emails and
phone calls began pouring in. Admittedly, part of my
preference for arriving early was driven by the notion
that, as a junior associate, I should arrive before and
leave after my supervising partner.
But then, in the middle of my third year as an
associate, I had my first child. Not wanting to be
“mommy-tracked” or viewed differently now that
I was a mom, I was insistent that work would be
exactly the same when I returned from maternity
leave as it had when I left. I would be the master of
work/life balance.
Seeking alternatives
In reality, I found working exactly as I had before
very difficult. Thankfully, not long before I went on
maternity leave, my firm had put into writing a policy
regarding reduced, flexible, and alternative work
arrangements. With the blessing of my supervising
partners, my billable hour requirement was reduced
to 80 percent of the standard requirement. I also
was physically in the office only between nine and
five (on a good day). What I thought would be a
temporary arrangement turned into a long-term
one—I remained on my alternative arrangement
for the next six years.
I was very lucky to be working for people who
believed that it did not matter where or when I
did the work, as long as I got the work done. It
would have been easy for them to take a different
view—the view that I should have to endure the
same unrelenting expectations that they did. But
I’m grateful for the client-focused and longer-
term perspective they had. To them, it was more
important that I stay a part of the team than that I
work exactly as and when they did.
Making my alternative arrangement work
meant that I had to be flexible too. For instance, I
agreed to go on a client visit during my maternity
leave. I also sought out other ways to demonstrate
my dedication to my career and the firm, which
for me meant participating in firm management
projects whenever I was asked. None of that was
forced on me. Like anything in life, flexibility works
only if both sides benefit, and fails if only one side
is bearing the burden.
In many ways, my views on flexibility in
the workplace are an answer to the question of
whether work/life balance is achievable. If work/life
balance is a quest to keep work and life separate,
and to give each equal importance at all times, I do
not think it is achievable. However, making tools
available to our colleagues to allow them to deal
with life’s circumstances without the added stress
of losing their jobs, or worrying that they will be
viewed as lacking dedication, is achievable.
Unfortunately, discussions of policies aimed at
providing flexibility are often derailed by skeptics,
who believe implementing those policies risks
suggesting to prospective hires that hard work
is not required at the firm and to clients that the
firm’s attorneys do not have a service mentality.
Despite the fear and skepticism, the disruption these
policies actually cause can be minimal when they
are executed properly, and they help retain talented
attorneys whom our clients value.
Empowering more
than moms
Flexible work policies should be written with
more than just working moms in mind so that they
empower people of all different backgrounds and
circumstances to succeed in our profession. They
should accommodate those who need support and
flexibility to take care of aging parents, new dads
who still feel that taking more than a couple days
of paternity leave is viewed as weakness, and even
those who just need to take a step back. Whether in
the form of a formal sabbatical or just a temporary
reduction in responsibilities, we can provide our
colleagues options for remaining engaged in our
profession rather than excluded from it.
At the end of the day, we are all looking for
ways to attract and retain talented and dedicated
colleagues whom our clients value. Perhaps part
of the way to achieve both goals is to recognize
that work/life balance is more of a work/life Venn
diagram. Our personal and professional lives will
meet in the center from time to time. If we can give
our colleagues the tools to manage both where they
inevitably intersect, we may increase accessibility
to our profession and engender loyalty and
commitment where they may otherwise be lacking.
Even for a profession full of risk-averse folks, this
seems a risk worth taking.
■
Benefiting from
jobflexibility
ALUMNI SPOTLIGHT
Workplace flexibility helps
“retain talented attorneys
our clients value,” says
Kelley Bender (JD ’05).
BY K E L L E Y B U R K E B E ND E R ( J D ’ 0 5 )
Kelley Burke Bender
is a partner with Chapman and Cutler LLP and a member of the firm’s corporate and securities department and private equity and hedge fund group.
She also speaks frequently and has provided pro bono assistance on behalf of the firm to numerous organizations on the formation and qualification of section 501(c)(3)
tax-exempt entities. She was recently recognized as a 2015 Rising Star by
Illinois Super Lawyers.
She credits Professor Jeff Kwall with teaching her to think like a tax lawyer and
practice like a business lawyer.
Like anything in
life,
flexibility
works only if both
sides benefit.
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LOYOLA LAW
SPRING 2015
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