Part-time Attorneys
 January 1, 2005

In our last issue, we reported that several clients had questioned the accuracy of a NALP survey showing that more that 96% of law firms permit part-time schedules. To test this we did our own unscientific survey of 362 large U.S. law firms. Our results confirmed the NALP study – in fact, 100% of the 82 responding firms indicated that they permit attorneys to work on less than a full-time basis. We found some additional interesting information:

• 87% of responding firms place limits on the permitted use of part-time status but only 3% limit use to family situations, e.g., child or parental care.

• 60% of firms had a policy limitation on eligibility criteria for part-time status including a limit to the number of attorneys who can be on part-time status at one time (10%), the length of time with the firm (typically one to two years), and the limit of part-time status as being “no less than 70% of full-time.” The most common limitation is that an associate must have a history of satisfactory performance.

• 46% have no limit on the duration of part-time status. 15% have a specific limitation (typically one to two years) and 38% prescribe limits on a case-by-case basis.

• All firms responding consider associate part-time status as credible time for partnership consideration but 80% count it as less than full credit (most firms prorate time by the percentage of reduced hours). 91% anticipate that an associate could be made a partner while on part-time status.

• 75% of firms determine the compensation of part-time associates by a pro-rated reduction in salary, 17% use a variety of compensation methods and decide the exact method on a case-by-case basis, and 8% pay on a formula based on production.

• Among part-time partners, 47% are paid a prorated amount of their normal share of profits, 14% are paid on a formula based on production, 3% are paid a fixed salary and with 36% the compensation is negotiated with the partner on a case-by-case basis.

• 53% of firms see demand among their attorneys for part-time practice increasing. 47% see it staying the same and none anticipate a decrease in demand.