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LPAC's Bibliography of Related Articles on: Women in lawPerspectives - the quarterly magazine for and about women lawyers
Get a fresh, innovative angle on the issues that are important and relevant to women in the legal profession. Hot topics of interest to women lawyers include: - Strategies for surviving the current economic crisis
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Subscribe/renew Perspectives, the quarterly magazine for and about women lawyers - No additional cost for ABA members New for ABA members: We invite you to receive the Perspectives quarterly magazine in an electronic format. It's easy - all you have to do is log onto the ABA web site and select "Women's Rights" as one of your areas of interest. Here are step-by-step instructions: - Log in to MyABA using your ABA ID number or your e-mail address on file.
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Publications, reports, and CLE material Dear Sisters, Dear Daughters: Strategies for Success from Multicultural Women Attorneys This is a unique, inspirational collection of letters from 44 experienced women attorneys of color to the next generation outlining various roadmaps for success in the legal profession as a minority woman attorney. The book is organized by practice settings: (a) large and midsize firms; (b) solo and small firm practices; (c) public service, including government, nonprofits, executive roles in government and nonprofits, the judiciary, and elected officials; (d) in-house practices; and (e) academia. Following the essays in each chapter are tips for success from the authors featured in that chapter; these tips serve as a quick reference for you to refer to for inspiration. The essays end with a response from a sister/daughter from the next generation. Order the book Fair Measure: Toward Effective Attorney Evaluations, Second Edition (Includes CD-ROM) This completely revised and updated second edition contains a current, comprehensive review of the psychological literature on stereotyping, and it outlines a step-by-step process for implementing and conducting performance evaluations that are free from bias. Additional material includes sample evaluation forms, performance evaluation training materials for supervising attorneys, and instructions for completing performance evaluations. Commission publications and reports For more information on a specific publication, simply click on its title below. Other ABA publications and CLE material for women lawyers How to order or subscribe To purchase or subscribe to any of these publications, reports, or CLE material, call the ABA Service Center at 800-285-2221, send an e-mail to orders@abanet.org, or visit the ABA web store. Perspectives - The quarterly magazine for and about women lawyers Perspectives magazine is a unique magazine that focuses on topics specifically of interest to women lawyers. Inside each issue of Perspectives are advice and career building tips, interesting articles, and exciting interviews - plus many resources and ideas that you can't afford to miss! From visible Invisibility to Visibly Successful: Success Strategies for Law Firms and Women of Color in Law Firms Find information, insights, and advice gathered from women of color partners in national law firms as well as an examination of law firm practices that contributed to their success. Commission CLE material Free commission publications Charting Our Progress: The Status of Women in the Profession Today (.pdf)
This summary of testimony presented to and data collected by the ABA Commission on Women at hearings held in 2003 provides another marker in the progress of women in the profession. Both the hard data and anecdotal testimony reveal some incremental advances in the status and leadership positions held by women lawyers in the United States but also reinforce the need to continue the work of the Commission in the future. A Current Glance at Women in the Law 2006 (.pdf)
These current statistics reflect women's status in the legal profession. From Visible Invisibility to Visibly Successful: Success Strategies for Law Firms and Women of Color in Law Firms (2008) (.pdf)
Find information, insights, and advice gathered from women of color partners in national law firms as well as an examination of law firm practices that contributed to their success. This publication is a follow-up to the groundbreaking report Visible Invisibility: Women of Color in Law Firms released in Fall, 2006. Goal IX Report Card (.pdf)
This annual report card provides detailed statistics on women involvement in the ABA and measures women's progress in attaining leadership positions within the ABA. Supplement to The Burdens of Both, The Privileges of Neither: A Report on the Experiences of Native American Women Lawyers (.pdf)
This report of MWAN (the ABA Multicultural Women Attorneys Network), the Native American Bar Association, and the Indian Law Section of the ABA is based upon a 1998 survey of Native American Women Lawyers. Ten Steps to Protecting the Legal Rights of Breast Cancer Patients
This pamphlet prepared by the Commission informs breast cancer patients about possible issues concerning their legal rights can be viewed on the Commission web site. Visible Invisibility: Women of Color in Law Firms - Executive Summary (.pdf)
The Commission on Women embarked upon a research initiative to fully examine advancement and retention issues among women attorneys of color. This executive summary provides highlights from the final report, which presents the findings of the survey and focus group research and concludes with specific recommendations for law firms interested in retaining women of color. Nicole Belson Goluboff, Telecommuting for Lawyers, October 1998
With today's advanced software, email, laptop computers, and cellular phones, telecommuting is a viable work solution for legal professionals. This book covers all the issues involved with telecommuting, helping both the law firm and employee plan and monitor a successful telecommuter program. It explains how to implement a successful telecommuting program that leads to increased productivity, improved work product, higher revenues, lower overhead costs, improved communications with clients, better recruitment, and a less-stressful work environment. Author Nicole Belson Goluboff shares how you can turn telecommuting into a profitable solution, offering valuable advice, worksheets, and 'fill-in-the-blank' forms throughout. Telecommuting for Lawyers covers how to: - develop policies and telecommuter authorizations
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Whether you're an employer or telecommuter, this book will give you a better understanding of
the necessary tools and policies for this working arrangement to be a success. You'll discover how to submit a formal telecommuting proposal, implement the program, and reap the rewards. American Bar Association Young Lawyers Division
Women in the Profession Committee - Report on Telecommuting
By Nicole Belson Goluboff I. Introduction The ABA Young Lawyers Division Women in the Profession Committee ("WIPC") has completed a survey on telecommuting among lawyers. A primary goal of the survey was to learn how (if at all) telecommuting lawyers structure their arrangements and how successful their arrangements are. The responses indicate that telecommuting is proving a positive work style for legal employers and telecommuters alike. This report summarizes the anecdotal evidence provided by thirty-five telecommuters. Although the telecommuting population identified as a result of this survey is small, the responses reflected a relatively consistent experience among telecommuters. This consistency is significant in light of the diversity of the pool of responding lawyers, which included men and women from regions across the country in both large and small firms. Further, the option to complete the survey anonymously helped to assure that telecommuters who had had negative telecommuting experiences, as well as those whose experiences were positive, would participate. Indeed, some telecommuters identified problems with their arrangements. For purposes of the survey, a telecommuter was defined as follows: ... a lawyer who has an office outside the home but who works from home on a regular basis (however infrequently) for pay. Telecommuters do not include lawyers who only work from home on an "overtime" basis, i.e., who only bring work home at night, on weekends, or on days off to finish tasks they could not complete during their regular workday. Telecommuters, according to this definition, may or may not use sophisticated technology when working from home. The survey findings, presented in Section III below, consist primarily of responses which could be tabulated. In addition, they include some supplementary comments telecommuters provided. II. Data collection Between April 1996 and March 1997, WIPC advertised that it was conducting the survey, inviting telecommuters to request a survey form which they could complete anonymously. The notice appeared in a variety of publications, including, among others, The Young Lawyer (a publication of the ABA YLD), The Compleat Lawyer (a publication of the ABA General Practice Section), and The ALI-ABA CLE Review. In addition, in January 1997, the YLD mailed the survey to lawyers randomly selected from the membership of the ABA Sections of Litigation, Business Law, General Practice, Solo & Small Firms, and Tort and Insurance Practice, as well as the YLD. Sixteen telecommuters, identified either through the publications where the survey was announced or through other means, returned completed surveys. Another nineteen telecommuters returned the survey as a result of the YLD random mailing. I II. Key survey findings A. Personal characteristics - Age: The age range was 26 to 67. The average age of the 34 telecommuters providing their age was 37.5.
- Gender: The group of respondents included 10 men and 25 women, in contrast to the telecommuting population in the American workforce as a whole, where the numbers of men and women are roughly equal.
- Length of telecommuting experience: The majority had telecommuted with their current employer for at least one year.
- Reasons for telecommuting: Telecommuters were asked the reasons they telecommute and had the option to circle as many answers as applied to them. Among the 34 telecommuters responding to the question, the most commonly cited reason for telecommuting (cited by a majority of telecommuters) was "flexible work schedule," suggesting that a change in work site frequently includes a change in work time. The next most commonly cited reasons were "child rearing," "more time for yourself," "avoid commutation time," and "more productive at home."
- Comments: A number of telecommuters reported that they are more efficient, effective, or productive at home. Telecommuters cited, among other reasons for this improved effectiveness, the reduction in interruptions and/or the increased comfort of their work environment. One telecommuter cited "24 hr access" as a reason to telecommute.
- Dependent care issues: Number and relation of dependents: Of the 24 telecommuters responding to a question addressed only to lawyers who telecommute at least in part because they have dependents, the majority had at least 2 dependents and at least 1 child under age 5 (presumably pre-school age). Three telecommuters reported that all their children were age 5 or older. One telecommuter identified a disabled parent, rather than a child, as her dependent.
- Impact on use of dependent care: Of the 23 telecommuters responding to the question, the majority (15) reported that telecommuting reduced the amount of time they used dependent caretakers.
- Impact on cost of dependent care: Of the 23 telecommuters responding to the question, 10 reported that telecommuting saved them money on dependent care, and 13 reported that it did not. (Among the possible reasons the number of telecommuters reporting reduced dependent care costs is lower than the number reporting reduced use of such care is that telecommuters may continue to pay for full-time help, without using it full-time, to assure their ability to forego telecommuting in a work-related emergency.)
- Location: Telecommuters were identified in every region of the country, including, among other places, New York City, Kansas, California, Michigan, Texas and Alaska.
- Distance from the firm: Mileage: For the 30 telecommuters responding to the question, the average roundtrip commutation mileage was 94 miles, with a range from 4 to 1600 miles. Time: For the 30 telecommuters responding to the question, the average roundtrip commutation time was approximately 90 minutes, with a range of six minutes to five hours.
B. Practice Information - Employer Type: The majority of telecommuters (20) were practitioners in private law firms, including both partners and associates. Telecommuters also included sole practitioners, government lawyers, and in-house corporate counsel.
- Practice area: For the majority of the 32 lawyers providing their practice area, litigation was at least part of their practice. Full-time or part-time: The majority of telecommuters (25) were full-time practitioners.
C. Employer requirements - Written policies: Of the 27 telecommuters who responded to the question, only 4 reported that their employers have a written policy permitting lawyers to telecommute. Of these 4, none were law firm practitioners.
- Telecommuting agreements: Of the 27 telecommuters who responded to the question, only 4 reported that their employers required them to sign an agreement concerning their telecommuting arrangement. Of these 4, only 1 was a law firm practitioner.
- Training: Of the 21 telecommuters who responded to the question, the majority (13) reported that their employers did not require training concerning telecommuting for telecommuters, their supervisors, support staff assisting them or anyone else.
- Seniority: Of the 17 telecommuters who responded to the question, the majority (10) reported that their employers permit entry-level lawyers to telecommute.
- Number of telecommuters permitted: Of the 24 telecommuters responding to the question, the majority (19) reported that their employers do not limit the number of lawyers who may telecommute, either in the office as a whole or in a particular practice area.
- Duration of telecommuting arrangement: Of the 33 telecommuters responding to the question, the majority (30) reported that their telecommuting arrangement is not for a finite period.
- Reasons for which lawyers may request to telecommute: Of the 27 telecommuters who responded to the question, the majority (23) reported that their employers do not limit the reason for which lawyers may request to telecommute.
- Telecommuting Schedules: Frequency of telecommuting: Of the 29 telecommuters who responded to the question, the majority reported that they are authorized to telecommute either on a full-time basis or as frequently as they choose. Ability to vary telecommuting days: All 22 telecommuters who responded to the question of whether they are permitted to vary their at-home days reported that they are.
- Ability to vary work hours on telecommuting days: Of the 26 telecommuters who responded to the question, the majority of telecommuters (22) reported that their employers did not require them to work during specific hours on at-home days, and 4 reported that their employers did. Of the 4 required to work during specific hours, 3 reported that they were permitted to vary at least some of their hours on at-home days.
- Comments: One telecommuter reported that the number of hours she works at home and in the office are "irregular--I must bill a certain [number] per year [and] they don't care how."
D. Impact on work hours and overhead - Work hours: Fifteen of the 33 telecommuters responding, at least in part, to the question, reported working the same number of hours or more on telecommuting days as on office-bound days. Six lawyers reported that, if they work fewer hours on at-home days, it is at least partly because they are more efficient at home.
- Overhead: Office space: Of the 33 telecommuters responding to the question, nearly a third of telecommuters reported that they use some form of shared or common space on office bound days.
- Secretarial support: Of the 33 telecommuters responding to the question, nearly a third have reduced or altered secretarial help as a result of their telecommuting arrangement.
- Comments: Overhead savings were specifically noted by both a sole practitioner and a law firm associate.
E. Technology - Tools commonly used: Telecommuters were asked to identify the equipment and/or services they have in their home offices and use for work. The options listed in the survey were: a) desktop computer; b) laptop; c) modem; d)fax; e) printer; f) answering machine; g) voicemail; h) e-mail; i) Lexis; j) WestLaw; k) CD-Rom; l) other. The majority reported having desktop computers, modems, fax capability, printers, answering machines, e-mail, and either Lexis or WestLaw.
- Number of telephone lines: The average number of telephone lines telecommuters have at home is 2. Of the 33 telecommuters responding to the question, the majority (32) reported that they considered at least 2 lines optimum, with 5 of those lawyers reporting that they consider 4 lines optimum.
- Impact of technological failures: Of the 34 telecommuters responding to the question, the majority (30) reported that they either never or rarely have to return to the office or forego working due to technological failures at home.
- Comments: According to one sole practitioner, the "best thing I did was purchase a caller identification option on my phones. I can screen my calls [without] a secretary.... The Call Forwarding feature on my office phone is [also] invaluable."
- According to another telecommuter at an 8 lawyer firm where "all attorneys and legal assistants are furnished with home systems and laptops, e-mail and internet connections are the most valuable. “The firm has its own domain and communicates with counsel all over the world via internet e-mail."
F. Telecommuting costs - Cost of establishing home office: For the 30 telecommuters responding to the question, the average cost of the initial home office set-up was approximately $3000, with a range from $500 to $10,000. Cost allocation: Establishing the home office: Of the 28 telecommuters who responded to the question, half reported that their employers paid the initial cost at least in part, and half reported that their employer paid no part of this cost.
- Working at home: Of the 27 telecommuters who responded to the question, the majority (24) reported that their employers reimburse at least some of their communications expenses.
G. Career issues - Effects on promotion: Of the 28 telecommuters who responded to the question, the majority (24) reported that their telecommuting status did not affect partnership or other promotional consideration. Of the remaining 4 who reported that promotions were affected, 3 worked part- time for their employers. One of the part-timers expressly linked part-time status with the reduction in promotional opportunities.
- Effects on compensation/benefits: Of the 30 telecommuters who responded to the question, the majority (22) reported that their compensation and benefit packages were not affected by their telecommuting status. Of the 8 who reported that compensation or benefits were affected, half worked part-time for their employers.
- Performance reviews: Of the 27 telecommuters responding to the question, the majority (18) reported that their telecommuting arrangements--as opposed to their performance--were not reviewed.
H. Reactions to telecommuting - Positive feedback: Of the 31 telecommuters responding to the question, the majority reported that they had received expressly positive feedback concerning their telecommuting arrangements from their employers, colleagues, support staff or clients.
- Negative feedback: Of the 33 telecommuters responding to the question, the majority reported no negative feedback concerning their telecommuting arrangements from their employers, colleagues, support staff or clients.
- Telecommuters' evaluation of telecommuting: Telecommuters were asked, "[o]n a scale of 1 to 10, where 1 represents 'not successful' and 10 represents 'very successful,' how would you rate the successfulness of your telecommuting arrangement?" For the 32 telecommuters responding to the question, the average was approximately 8, with no telecommuter rating his or her arrangement less than a 5.
- Comments: Several telecommuters reported that clients found them more accessible when telecommuting than when in the traditional office. According to one telecommuter, "Clients love it- -especially knowing they can reach me at home." According to another, "Clients like it because they can reach me more often--not in as many meetings."
According to an associate at a large Manhattan law firm, "[I] am still getting good work consistent with my class year." One telecommuter reported that, even "older, more 'traditional work environment' attorneys" who have expressed prejudice against telecommuting, "are pleased [with] the quality and quantity of work" she is producing. Some telecommuters reported as a drawback feelings of isolation. One lawyer explained that telecommuting "[m]eets [his] needs and lifestyle desires," but that he "[w]ould not do it full time" partly because he wishes "to keep up the interpersonal relationships with others in [the] office." For this lawyer, the potential for isolation affects, not whether, but how much one telecommutes. IV. Conclusion Employers are approaching telecommuting with the flexibility necessary to make it work. According to the survey results, at least some employers are: - Permitting entry-level lawyers to telecommute
- Permitting lawyers indefinite telecommuting arrangements
- Permitting an unrestricted number of telecommuters
- Permitting lawyers to telecommute without regard to the reasons they choose to do so
- Treating a telecommuting arrangement as irrelevant to decisions concerning partnership or other promotions
- Treating a telecommuting arrangement as irrelevant to decisions concerning compensation or benefit packages
- Excluding the subject of a telecommuting arrangement from performance reviews (i.e., treating telecommuting as a tool, not a skill)
- Permitting lawyers to telecommute at their own discretion and to choose their own work hours on telecommuting days
- Paying at least part of the cost of establishing telecommuters' home offices
- Reimbursing at least some of telecommuters' telecommuting expenses.
This flexibility likely helps to explain the high ratings telecommuters gave their arrangements. It also supports the telecommuters' report of a generally positive employer and client response to telecommuting. Employers would not affirmatively support approaches to work which they considered a disadvantage either to themselves or their clients or which their clients disapproved. Increased productivity and accessibility to clients are among the benefits telecommuters reported which accrue to telecommuters, employers, and clients, alike. While the flexibility firms are demonstrating is extremely desirable, the reported absence of written telecommuting policies is cause for concern. To protect both firms and telecommuters against legal exposure and telecommuting failures, flexibility should exist within a principled framework. Firms and telecommuters need to address formally the various business and legal questions which this work style engenders. Further, firms should train their personnel--including both telecommuters and non-telecommuters--for remote working. Training would minimize the effects of such potential drawbacks to telecommuting as technological problems and wasteful technological expenditures, resistant co-workers, and isolation. For guidance on why firms should telecommute and how they can implement telecommuting, please look for the ABA Law Practice Management Section's upcoming book on telecommuting. The book will include the "ABA YLD WIPC Guide to the Topics a Telecommuting Policy Should Address." Approximately 450,000 U.S. judges and lawyers telecommute, according to the United States Bureau of Labor Statistics Current Population Study, released in May 1997. According to lawyer Nicole Goluboff, author of Telecommuting for Lawyers, telecommuting enables lawyers to “practice faster, better and more” and may enable a law firm to expand its client base.
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