For many working professionals, the pandemic exacerbated pre-existing challenges to their mental health and well-being, and attorneys were no exception. In efforts to counter the additional stress, most firms expanded mental health resources, experimented with flexible working arrangements, and many provided parents and caregivers with additional support. Research shows that lawyers are most motivated, engaged, and less likely to leave if their firm successfully fosters a collaborative culture that in which employees feel supported and respected. Studies indicate that, at its core, creating a workplace in which employees thrive revolves in great part around prioritization of employee well-being, as well as encouraging and modeling work-life balance. However, many attorneys struggling with mental health cite arduous billable hour requirements and impossible deadlines and expectations—what many would consider hallmarks of the profession—as irreconcilable with the very aims of these mental health initiatives. Are pandemic-era wellness initiatives here to stay, or are they simply incompatible with the nature of such a demanding profession?
A change of this magnitude would require that firms look beyond offering employees a free mental health app subscription, but rather, a commitment to redefining long-established approaches to advancement and reward. Slowly but surely, it appears that some firms have begun taking significant steps to dismantle the tension between attorney wellness and one of the pillars of the legal profession: the billable hour. For example, McDermott Will & Emery has begun to compensate attorneys for prioritizing wellness by offering billable-hours credits for mindfulness sessions, lawyer-led meditation, and other wellness activities. During the pandemic, Orrick, Herrington & Sutcliffe made headlines for allowing attorneys who are caretakers for their family to work at 80% of their pre-pandemic capacity at full compensation.
Transformation of an institution’s established culture and values also requires clear signals from firm leadership. Some firms have begun to implement formal boundaries that encourage employees carve out personal time. To ease added strains that come from the blurring of home and work, Orrick instituted a formal expectation and policy that all attorneys and counsel are to make use of 40 hours of bonus-eligible time to “unplug.” To reduce the burdens of weekend work, Orrick also formally discouraged the scheduling of non-time sensitive meetings on Friday afternoons. Dentons promotes a similar idea with its “no meetings week”, in which the firm encourages attorneys to cancel meetings to allow attorneys to step away from work without the fear of falling behind.
The strain between attorney wellness and the profession’s established work practices is likely to be a focus even after the pandemic fades into the background given that the industry’s intensifying war for talent. The fierce competition is likely to compel firms to look past unsustainable salary raises to attract and retain associates. Further, as the industry adapts to rising client demand for diverse teams, firms will also have to take a closer at how to ease the additional mental health challenges that women and people of color face in the workplace.
While it is true that criticism of the profession’s foundational practices continues to grow, the pillars of the legal profession will not be easy to topple. It is clear, however, that rumblings of deep cultural change can already be heard. Could it be that an institutional transformation of the profession is on the horizon?