By Nathan Polacek, Staff Writer
Since the Covid-19 pandemic began, working in an office environment has not been the same for member of the legal industry. The emergence of hybrid working, and the “great resignation” has put pressure on many employers. In response to the concern of not being able to retain and recruit legal talent, some law firms have begun addressing work culture issues, such as the long hours and stressful workload. Some firms have been paying associates larger bonuses to incentivize a readily available workforce.[1] Bonuses in Big Law this year are expected to be higher than those in 2020. The 2020 bonuses were already exceptionally high to compensate associates for working through the pandemic.[2]However, the record high associate bonuses many not be enough to retain associates, Big Law still risks losing associates due to “burnout” and lawyers desiring a better work-life balance.[3]
One way law firms are addressing these concerns is by offering additional time off for associates to address their mental health.[4] One such firm is Silicon Valley-based Wilson, Sonsini, Goodrich & Rosati, which is providing associates an additional two weeks of personal leave and is offering access to free mental health coaches.[5] Another firm, Orrick, Herrington & Sutcliffe, is encouraging associates to take an “unplugged week” with a 40-hour credit and offering temporarily reduced hours with full pay to associates caring for children or elderly relatives.[6]
Though there have been rising calls for long-term change to legal work culture as we emerge from the pandemic, there have been few changes at most of the Big Law firms.[7] In 2020, law firms saw an increase in an associate’s average annual billable hours by 10%.[8] In addition the increased workload, more than 20 major law firms have set return-to-office for early 2022.[9] While some of the largest companies have adopted long-term flexible work policies, most law firms are still hesitant to roll-out such policies for concern associates working remotely would be less productive and could destroy the sense of community amongst associates that is formed in the traditional office.[10]
However, research has shown that remote workers are more productive while working remotely because they have more control over their time.[11] By using productivity as an excuse to return to the office, law firms risk losing talented associates. In the opinion of the chair of law firm Cohen Ziffer, Robin Cohen, since the pandemic required remote-working, Big Law associates have had the opportunity for self-reflection and are moving to start their own boutique firms, especially women like Cohen.[12]
Regardless of rising associate pay and bonuses, law firm employees have made it clear that other benefits are needed to address the stress and long hours of the legal industry.[13] If law firms want to recruit and retain legal talent, they must begin prioritizing their associates and providing incentives other than money. Giving associates additional time to unwind and unplug from work to focus on their mental health is one major incentive that could help prevent the burnout driving associates away from major law firms.
[1] https://news.bloomberglaw.com/business-and-practice/big-law-always-willing-to-pay-more-as-bonuses-reach-100-000
[2] Id.
[3] https://news.bloomberglaw.com/business-and-practice/big-laws-bonus-spree-fails-to-curtail-risk-of-associate-burnout
[4] https://www.reuters.com/legal/legalindustry/wilson-sonsini-offers-an-extra-paid-two-weeks-off-2021-08-31/
[5] Id.
[6] Id.
[7] https://www.law360.com/articles/1434470/biglaw-s-never-say-no-culture-lasts-amid-calls-for-reform
[8] https://news.bloomberglaw.com/business-and-practice/big-laws-blowout-year-piling-hours-on-associates-survey-shows
[9] https://news.bloomberglaw.com/business-and-practice/big-law-always-willing-to-pay-more-as-bonuses-reach-100-000
[10] https://www.jdsupra.com/legalnews/talent-drain-why-remote-working-6582669/
[11] Id.
[12] https://www.law360.com/pulse/articles/1437145
[13] https://news.bloomberglaw.com/business-and-practice/big-laws-bonus-spree-fails-to-curtail-risk-of-associate-burnout
