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Volume 12, Number 4 - March/April 2003
Time Off, With Pay
Should law firms grant sabbaticals?
By Erin Walsh
It's been a year since Nicole Auerbach attended
the Ragdale Foundation, an artists' retreat in
Lake Forest, Ill. Situated in a house built in 1897
that's set on 50 acres of undisturbed prairie land,
Ragdale provides living and working space to
writers, visual artists and composers from all over
Related Publication:
Rest Assured: The
Sabbatical Solution for
Lawyers, the ABA Career
Resource Center sabbatical
manual by Lori Simon
Gordon.
the country. Auerbach spent a week at the
colony, recording a CD of original lullabies she had written for her two young
children.
But Auerbach isn't a professional musician - she's a lawyer.
"People at the colony were amazed when they found out," said Auerbach, now a
partner at the Chicago office of Katten Muchin Zavis Rosenman. Auerbach's time
at the Ragdale Foundation was part of a four-week sabbatical offered by her firm.
"Everyone was surprised that sabbaticals were even offered at such a large-firm
corporate setting."
Auerbach was instrumental in first getting her firm's sabbatical policy implemented
in 1999. As chair of the associate committee at the time, she was looking to
address quality of life matters she felt were important to younger lawyers.
Auerbach had heard that McDonald's Corp. offered sabbaticals to their employees
after 10 years with the company and that many businesses in Silicon Valley had
similar policies. She wasn't aware of any law firms in Chicago that did it, however,
CALENDAR
and since mid-level associate retention was an issue for most firms at the time,
Auerbach thought a sabbatical policy would be a nice way to set KMZ Rosenman
apart.
The agreed-on policy stipulated that after five consecutive years of work with the
firm, associates were eligible to take a four-week paid sabbatical sometime within
the next year. Since the policy took effect, 16 people - 85 to 90 percent of those
eligible - have taken sabbaticals.
Auerbach had been with the firm for seven years at the time and was
grandfathered into the program. Although she was on the brink of making partner,
she applied for her sabbatical and actually took her leave at the beginning of her
partnership. She said it was worth it 10 times over.
"I now have this CD for myself," Auerbach said. "It's something I couldn't have
done on evenings and weekends - it wouldn't have been the same experience. I
really thank the firm because I never would have had the opportunity to do this
as a full-time lawyer."
Other KMZ Rosenman lawyers have used their time off to do everything from
relaxing and recuperating to traveling to exotic places. James W. Hutchison falls
into the latter category. He and his father had always talked about going to
Russia, and when KMZ Rosenman implemented its sabbatical policy during his
fourth year as an associate, Hutchison called his father to tell him they would
finally get their chance. After two years of planning and preparation, the trip
became a reality when father and son spent 18 days on the Trans-Siberian
Railroad.
After starting in St. Petersburg, they traveled to Moscow and then met a Russian
family on the way to Siberia. The woman happened to be an English teacher and
was able to translate. The family gave the two Americans a tour of Irkutsk,
Siberia, and even had them over for dinner. Hutchison and his father then
continued on to Mongolia and ended their adventure in Beijing.
"It was one of the most significant trips of my life," Hutchison said. "I have so
many memories and so many pictures."
After flying back from Beijing, Hutchison still had time enough left of his
sabbatical to load up with supplies from Home Depot and build a roof deck on the
top of his home.
"I don't know how to relax," he joked.
Sabbaticals are traditionally thought of as semester or yearlong breaks for college
professors, but statistics show that they extend far beyond the world of academia.
While there is no data specifically on the legal profession, an annual survey
released last April by the Society for Human Resource Management shows that 17
percent of organizations nationwide offer paid sabbaticals and 5 percent offer
unpaid sabbaticals. Legal workplaces seem to be no exception.
Pat Schiltz, associate dean of the University of St. Thomas Law School in
Minneapolis, focuses his writing on law firm matters and the practice of law. He
said lawyer sabbaticals were almost unheard of until firms in Los Angeles and San
Francisco first began offering them in the 1960s. Since then, they've dropped out
and popped back up at different times.
"One thing I've found is that sabbaticals wax and wane with the economy," Schiltz
said. "The better the economy, the better the sabbatical packages. That's pretty
much been consistent."
Although the number of organizations offering sabbaticals has decreased in the
last few years, sabbatical policies are starting to gain more acceptance as many
firms look to counter negative publicity for having 2,000 (or more) billable hour
requirements. They promote sabbaticals as a way to retain associates.
Joe Altonji, director of the legal consulting firm Hildebrandt Inc., said it can cost
$200,000-$300,000 or more to replace an experienced, middle-level associate in
a high-level corporate firm. That includes many factors such as actual cost,
headhunter fees, the downtime a firm suffers on matters they're involved in,
training time and the period of inactivity a new associate inevitably has while
getting acclimated to the job. The cost also depends on the level of the associate
and the kind of firm as well as the area of law.
While it's generally good to take reasonable measures to improve retention,
Altonji said, there's always a certain level of attrition that's healthy for a firm. The
key isn't to keep every associate you bring in, but rather to hold onto the
rightassociates. Losing high-quality lawyers because of burnout isn't good
business.
"The baby boomers were far more driven to be work-dedicated," Altonji said.
"Now there's more of a demand among young lawyers for balance in life."
Then it's no surprise that 80-hour workweeks, the constant pressure to rack up
billable hours and the increasing demands of private practice are leaving many
associates feeling burned out and fed up.
In "Law and the Billable Hour," an article in the February 2002 issue of the ABA
Journal, then-ABA President Robert E. Hirshon acknowledged that the billable
hour may very well be damaging morale in the legal profession. Pro bono work is
one area adversely affected, but Hirshon said that "the demoralizing consequences
of billable hours extend much more broadly." He continued:
Studies suggest an unease in our profession, especially among younger lawyers.
The causes are varied but all seem to lie in the difference between working in a
profession vs. working a job. Mentoring, life-balance, workplace stimulation and
innovation are affected when the timesheet reigns. The billable hour is
fundamentally about quantity over quality, repetition over creativity. Because a
lawyer's time is not an elastic variable, increased billable-hour requirements are
squeezing out other aspects of what it means to be a lawyer.
Hutchison agreed that the requirements are getting out of hand. He is required to
bill 2,000 hours a year - up from 1,800 hours when he started his career seven
years ago.
"We have to make sure that we don't let this pursuit of hours go any further,"
Hutchison said. "There are only so many hours in a day that someone can work,
and I hope we've reached the point where it's going to level off."
But are sabbaticals a solution to burn out?
associates care about things like competitive
environment, learning and developing their
exciting work - not being promised a sabbatical
Altonji doesn't think so. He said
compensation, working in a good
skills, and doing interesting and
years down the road.
"Sabbaticals isn't the issue for young lawyers," he said. "The quality of life they're
looking for isn't achieved by getting three months off every five years. That
doesn't help you manage your family life or make up for missing your kid's Little
League games and being late for dinner every night."
Altonji was surprised that sabbatical programs for associates even existed. He
guessed that the people most interested in taking sabbaticals would be partners older lawyers who don't have young children and who could use the time off to
travel or pursue other career goals.
Although it's true that most existing sabbatical programs are for partners rather
than associates, Auerbach tells a different story. She contends that associates are
those most in need of a break.
"The general feeling in our firm is that partners can be much more flexible in their
hours and have a better negotiating position," she said. "If they needed four
weeks off, it could probably be arranged. Associates are the ones working the
incredible hours, and they don't have the same power to negotiate for time off."
Hutchison also disputed Altonji's claim that sabbaticals aren't important to
associates. Rather, he sees extended time off as a huge incentive for young
lawyers.
"I think we've reached the point where raising salaries isn't enough anymore," he
said. "Money can make people happier, I suppose, but if someone is generally
unhappy at a job, money isn't going to be the answer. Once you've worked a
certain number of hours, time becomes more valuable than money."
And while Hutchison believes that sabbaticals are a step in the right direction, he
said they're only one aspect of achieving life balance. So should the worth of
sabbaticals even be evaluated based on their ability to solve the greater problem
of overwork?
Maybe that's missing the point.
Firms that have implemented sabbatical policies seem to be under no delusions
that their partners and associates will suddenly endure an otherwise poor working
environment if the promise of time off is dangled before their weary eyes.
And that's because a firm with such a policy isn't likely to stop there in addressing
life-balance issues. Rather, a firm that gives lawyers time off in spite of the adage
ingrained in professionals that "time is money" speaks greater volumes about its
general attitude toward the quality of life of its employees.
"Our sabbatical policy isn't the only perk we offer, but it is a unique step we've
taken that makes it clear to associates that we understand and are committed to
the issue of life/work balance," Auerbach said.
That is a good thing for both individual lawyers and the firm, and sometimes it's
hard to separate the two. "Sabbaticals are meant to be a reward for the hard
work that associates put in for five years," Auerbach said, "but that naturally
results in good feelings toward the firm that gave them that opportunity as well."
Loyalty and gratefulness certainly seem to be overriding themes among lawyers
who have returned from sabbatical. Anne Castle, partner and chair of the
management committee for Denver's Holland & Hart, has taken three sabbaticals
throughout her career and observed the effect sabbaticals have had on her peers.
"It makes people enthusiastic about the work they do and about the firm they
work for," Castle said. "They're grateful for the opportunity, and that engenders a
positive attitude toward the program. How could you not feel great about this firm
that gives you three months off?"
Hutchison said a sabbatical can be a big factor in a lawyer's decision to stay or
leave a firm, especially since many third- and fourth-year associates at large firms
are recruited by headhunters. He said that even if he had been seriously thinking
about leaving KMZ Rosenman for another firm (which he wasn't) he never would
have given up his trip to Russia once he had started looking forward to it.
There are other benefits as well. While a sabbatical might not be a cure for
consistent stress and overwork, it could give lawyers a much-needed spark both
before and after the fact.
"A sabbatical is almost like a lottery ticket," Auerbach said. "It gives you the
ability to dream, except it's more tangible than a lottery ticket because you
already know you've won. It gives you a light at the end of the tunnel and eases
your feeling of being burned out."
Holland & Hart, one of the innovators in lawyer sabbaticals, first developed a
policy in 1973 that allows partners to take three paid months off every five years.
Lawyers reach this point after spending eight years in associate ranks and two
years in partnership. Jim Davidson, the firm's director of finance, calls the
program "a rousing success." Its purpose, he said, is to give lawyers a chance to
recharge their batteries and return to work refreshed.
A sabbatical policy may sound like a money-losing venture, but many firms look at
it as an investment. While firms obviously eat the cost of paying employees who
aren't producing, they reap the benefits when lawyers return rejuvenated and
increase their productivity. They also might avoid the exorbitant cost of replacing
worn-out lawyers who leave the firm.
"It comes at a price, but it's been well worth it," Davidson said of Holland & Hart's
program. "The lawyers love it, and you can tell a difference when they come back.
It helps them recharge."
In her book, Rest Assured: The Sabbatical Solution For Lawyers, Lori Simon
Gordon argues that in addition to relieving temporary career malaise, sabbaticals
can satisfy the draw of wanting to experience more outside of work than
professionals have time for in one lifetime.
Gordon herself had been a successful partner at Latham & Watkins in Chicago for
four years when she took a life-changing sabbatical that eventually inspired her
book. Her career was almost too good to be true, but Gordon needed space from
the discipline and expectations that pushed her through college, graduate school
and 12 years of intense law practice.
"The more people thought I should be planning something concrete and
productive, the more I craved the absence of those things," Gordon writes. "After
spending what seemed like every day of my overachieving life working toward the
next and higher goal, I needed a break."
Latham & Watkins didn't have a formal sabbatical policy, so Gordon made her
own proposal to management. She was granted seven months off but later
extended her sabbatical to a full year. Gordon spent time with friends and family,
enrolled in several photography classes, and began designing and making gold
and silver jewelry - one of her lifelong passions.
When it was time for her to return to work, she realized that she wanted to
experience a different career and make more time for her personal relationships
and her art. However, Gordon says that unlike her, most of the lawyers she
interviewed for her book got the life experiences they wanted from their
sabbaticals and returned to work refocused.
"It was great for me," said Ellen Marks of her year-long "leave of absence" from
Latham & Watkins. "It let me take a step back and figure out if I wanted to keep
working in the legal profession."
She found that she did. Marks had always been interested in writing fiction, and in
1993, she thought the time was right to try her hand at it. She spent a year in the
Cayman Islands writing her first novel and starting a second. The break gave her
a chance to jumpstart her writing career so that when she returned to law
practice, she was able to make time to continue writing.
Marks said the skills she acquired during her writing sabbatical also benefited her
as a lawyer. Since she had moved to a foreign country where she knew no one,
she was forced to work on her social skills and develop independence and
confidence. Her attention to detail and focus on language carried over as well.
"I'm not sure if I would say that the way to become a better lawyer is to take a
sabbatical, but mine did help me grow as a person, and anything that helps you
grow as a person naturally helps your career," she said.
Others use their sabbaticals to do things directly related to their careers. In her
book, Gordon cites several lawyers who have enrolled in classes, taken visiting
professorships to teach a class on an area of law they practice, learned a foreign
language, or done pro bono work.
Davidson spoke of one Holland & Hart partner who took time off to travel around,
writing wills for economically disadvantaged people.
Despite these success stories, many firms don't think a sabbatical policy would fit
into their practice. Gordon, however, argues that just about any firm can find a
policy that works for them, whether it be paid or unpaid, for partners or
associates, or offered for four weeks or six months.
According to the Society for Human Resource Management, larger organizations,
those having more than 500 employees, are much more likely to offer sabbatical
programs than smaller organizations, those that have fewer than 100 employees.
However, Gordon points out that even some sole practitioners have found ways to
take sabbaticals.
She addresses some of the common worries that law firms have and, like a true
lawyer, rebuts them.
One concern is that lawyers could sever important client relationships by picking
up and leaving for months at a time. Other associates or partners at the firm also
might become resentful for having to take on the extra workload.
However, Hutchison said that a little planning and preparation helps smooth
things over. As a litigator, he made sure to avoid scheduling important trials or
hearings during the time he would be on sabbatical. He also started telling his
clients and peers three to four weeks in advance when he would be gone and
reminding them as the sabbatical drew nearer. By the time it came, he said,
everyone was well aware of his plans. As for other lawyers at his firm, Hutchison
said he received nothing but support.
"I didn't get flak at all, from partners or associates," he said. "Everyone was
interested in what I was doing and genuinely excited for me."
And lawyers are usually happy to help out when they know their turn is coming
too. "It's a self-perpetuating thing," Castle explained. "It becomes economically
rational for you to take a sabbatical since you're paying for everyone else to take
theirs."
Davidson said Holland & Hart tries to assign more than one lawyer to big clients
anyway so that the disruption is minimal when someone is absent for awhile. The
firm's policy also stipulates that no more than 20 percent of partners can take a
sabbatical in any year. Another way to maintain client relationships is for lawyers
to check in with the office periodically in case something comes up. Hutchison
took that approach and said it worked well for him.
Some firms also might be concerned that lawyers will take the paid time off and
then choose not to return to work. It's certainly possible.
"A couple partners have taken a sabbatical and not come back," Davidson said.
"They just decided they didn't want to practice law anymore and rode off into the
sunset."
Holland & Hart now has a safeguard in place in its policy to prevent the same
thing from happening again.
However, Gordon says that in most of these cases - hers included - the lawyer
probably would have left the firm sabbatical or no sabbatical. "As long as it is
done in an organized and professional way, the law firm or corporation is better
off not having a lawyer whose heart is not in his or her work and who might be
unproductive or disenchanted," she writes.
Auerbach said that while debating the implementation of a sabbatical policy, the
associates' committee at KMZ Rosenman ultimately decided that any problems
that might arise were nothing they couldn't handle. So far, they haven't regretted
their decision.
Perhaps the most important ingredient in any successful sabbatical program is
simply support from management. If associates and junior partners get the sense
that senior partners look down on sabbaticals, they'll be afraid that taking one
could hurt their chances for advancement in the firm.
"Many firms have programs that aren't widely used," Castle said. "Our program
was initially proposed by well-respected partners who were the first to take their
sabbaticals. They had only good things to say about their experiences, and now
sabbaticals are viewed as a real energizing opportunity by everyone."
She said that while sabbaticals sometimes have to be postponed, almost all
partners take them at some point.
Hutchison spoke of a similar attitude at KMZ Rosenman. In response to the
reluctance of some associates, management sent out several memos strongly
encouraging them to take advantage of the policy. "They obviously wouldn't force
anyone to take time off, but they made an effort to tell you that you're expected
to do it," he said.
Are sabbaticals the solution to long workweeks and stress? Of course not. Only a
complete overhaul of the traditional billing model could even come close to
accomplishing such a feat. But can sabbaticals rejuvenate weary lawyers,
engender loyalty toward their firms, and provide for valuable life experiences
outside the professional world? Those that have taken sabbaticals make a strong
case in their favor.
So while sabbaticals may not be a permanent escape from the rat race, they could
be just what lawyers need to catch their breaths, find some balance, and jump
back in.
Walsh is a frelance writer in Champaign, Ill.
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