Work-Life Balance:
Impact On Talent Reviews &
Attorney Development
by
Intellectual Property Owners Association
Women In IP Committee
Push Forward Subcommittee
1
Overview
• Not a Women’s Issue
• Need for action
• Suggestions for Employers To Address the
Issue
• Suggestions for Employees To Address the
Issue
• Issues To Explore Further
2
Not a Women’s Issue
• Both women and men should be included in
the dialogue and policies regardless of
whether they have children
• Everyone can benefit from an improved worklife balance, including law firms and
companies.
3
Need For Action
• Potential for those who pursue alternative
work schedules to face backlash when staffing
decisions are made or during talent reviews.
• Ideas for minimizing these risks and
decreasing the stigma for those who take
advantage of alternative work schedules.
“In the past, it was common for law firms to limit part-time schedules
to mothers of young children. This created resentment among other
attorneys who might want to work fewer hours for reasons other
than child care, and did nothing to retain these attorneys.”1
1
UC Hastings College of Law, "Effective Policies and Programs for Retention and Advancement of Women in the Law,"
http://www.worklifelaw.org/pubs/worklife_retention_FINAL.pdf.
4
Suggestions for Employers
5
Formalize Alternative Work Schedule
Policies
• Provide written policies for
working outside the office or
working different hours in the office.
• Policies should include:
- Alternative arrangements available to both men and
women
- Alternative arrangements available to employees both with
or without kids
- Maintain focus on retaining good employees regardless of
work schedule
6
Eliminating Bias In Evaluations
Outline specific criteria being relied
upon to evaluate individuals before
beginning evaluations and discuss
only those criteria during reviews.
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Focus on:
Skills and knowledge
Professional maturity and judgment
Results
Relationships with clients/others
Business development potential
Avoid discussing:
x Alternative work arrangements
x Personal details unrelated to work
2
UC Hastings College of Law, "Effective Policies and Programs for Retention and Advancement of Women in the Law,"
http://www.worklifelaw.org/pubs/worklife_retention_FINAL.pdf.
7
Ensure Equal Opportunities for
Development
• Assign staff member to work closely with
employees who are working on alternative
schedules.
- Monitor utilization, workloads, assignments and
skill development
- Assist in avoiding assignment disparity between
employees on alternative work schedules and
others
“Firms need a Balanced Hours Coordinator because even the
most expertly drafted, well-intentioned balanced hours policy
cannot implement itself.”3
3
UC Hastings College of Law, "Effective Policies and Programs for Retention and Advancement of Women in the Law,"
http://www.worklifelaw.org/pubs/worklife_retention_FINAL.pdf.
8
Suggestions for Employees
9
Set Expectations
• Be clear with employer about your schedule
and expectations
- When you will be available in the office
- When you will be available outside the office
- Times you will be unavailable
- How to reach you when you are not in the office
10
Understand Evaluation Process and
Expectations
• Understand the criteria that will be used to
evaluate your work.
• Clarify expectations and
discuss goals with your boss
throughout the year to
give yourself a roadmap to
get where you want to be.
• Highlight how you have met those criteria and
expectations in your self-evaluation.
11
Issues for Further Consideration
12
Other Factors Impacting Attorneys on
Alternative Schedules
• Is there a perception that those
who want work-life balance are
not as serious about their careers
or as ambitious as those who are
willing to put in face time or be
available around the clock?
• If so, are attorneys who want
work-life balance missing out on
opportunities, including work
assignments, promotions, higher
talent ratings and bonuses?
4
UC Hastings College of Law, "Effective Policies and Programs for Retention and Advancement of Women in the Law,"
http://www.worklifelaw.org/pubs/worklife_retention_FINAL.pdf.
13
Designation of Balanced Hours
Coordinator
• Should law firms designate an individual to be
responsible for monitoring assignment
delegation and ensuring that delegation is fair
and allows all attorneys to develop the
necessary skills for advancement?
14
Is the Impact of Bias Towards Balanced
Hours Employees Gender Neutral?
• Examine whether male employees are also
disadvantaged by perceptions about work
schedules, either by feeling the need to forgo
flexible schedules or by sacrificing
opportunities to advance if they choose
flexible schedules.
15
Why Are Attorneys Moving to the USPTO?
• Is there anything we can learn from the
United States Patent and Trademark Office
(USPTO) in terms of examples of work-life
balance?
- Many attorneys leave private practice, or even inhouse positions, to take jobs at the USPTO. Why?
- What advantages does the USPTO offer in terms of
work-life balance that law firms and companies
could use as a model?
16
Survey of Women in IP Committee
Members
• Have you missed out on opportunities because you
tried to pursue a better work-life balance or observed
instances where this has happened to others?
• Does your company (law firm or otherwise) have
flexible schedule programs?
- Are they limited based on gender or circumstance?
- Is there a negative perception of or effect on those using
them?
- Provide details on how such policies are implemented.
- What can we learn from the above to promote worklife balance?
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Questions?
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Special Thanks
With special thanks to IPO’s Women in IP “Push Forward”
Subcommittee Members who contributed to the content of this
presentation:
Shruti Costales (Subcommittee Chair), HP Inc.
Rebecca Harker Duttry, McDermott Will & Emery
Michelle Bugbee, Eastman Chemical Company
Aubrey Haddach, Dinsmore
Lonnie Rosenwald, Intellectual Ventures
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