Opponents of flexible working in the profession are wrong to say clients do not like it, a major report has claimed.

The Law Society of New South Wales published its guide on the implementation of flexible working as an increasing number of Australian lawyers – in common with many of their British counterparts – seek to improve their work/life balance.


The guide presents the business case for flexibility, examines flexibility models, shares best practice and assists firms in developing and implementing working practices.


It offers lawyers tips on how to sell the idea to their firm and shows firms the benefits that can be derived from alternative working patterns.


To encourage their firms to embrace flexibility, lawyers are advised to assess their own and their firm’s situation, consider strategies to overcome anticipated problems, and address it as a business issue.


The guide includes a survey of the experiences of 12 law firms across the state.


The survey sought to shatter two myths often cited to oppose flexibility – that clients do not approve and that there are some areas of legal work where it is not practicable. It showed clients focus on service and delivery; they want to deal with a single point of contact and whether that lawyer is working flexibly does not concern them.


The survey demonstrated that flexibility has an impact on attracting and retaining the best staff and could be used as a selling point to attract the best talent in an increasingly competitive recruitment environment.


Working flexibly reduced stress and staff turnover rates, while improving morale and return rates after maternity leave. It reduced recruitment costs and unscheduled absences, and helped to win and retain clients, thereby enhancing profitability and growth.


The research also showed that, in many firms, implementing flexibility required a partner-led culture change.


The long-hours culture within the legal profession, that often served to disenfranchise those who sought to use flexible work arrangements, was identified as the greatest barrier to change.


Janet Gaymer, senior partner at Simmons & Simmons, who has worked to promote flexible working in the City firm, said: ‘There may be areas where flexibility is harder to achieve but that doesn’t mean it’s impossible. Both sides need to be flexible and keep an open mind. Ultimately flexible working is a management issue – all roads lead back to how you manage it.’


She added: ‘There are times when it doesn’t work, but instead of seeing that as a failure, look at what can be learnt from it.’