The classic burnout problem has been an ever-present thorn in the side of the aspiring lawyer and, as problematic as it is, has long been seen as the price to pay for a richly – or even moderately – successful career. While the legal profession has been known for its resistance to change at times, let alone change to what was sometimes deemed by previous generations to be a winning formula for career success in the profession, whispers around the detriment of this ‘always on culture’ to personal and professional health have gradually turned into full-blown conversations since the dawn of the post-pandemic era and led to the high demand for flexibility we see in the discourse among legal professionals today. 

 This topic of flexible/remote/hybrid working has been the buzz of the legal space for much of the post-pandemic period, and although initially met with some pushback, most firms have now found themselves having to toe the line, whether that be to meet the expectations of the talent they are looking to hire, keep themselves in contention hiring-wise or keep existing employees happy. Legal professionals, particularly the Gen Z cohort, have been the prime advocates for this change in working practices, largely as a result of the burnout problem prevalent during – and exacerbated by – the pandemic. In an effort to counteract the effect that rising pressures on business have had on employee wellbeing, legal professionals have asked for respite in the form of flexibility – and after some initial resistance, employers now seem to be warming up to it.   

But 4 years down the line, the question has to be asked: Is it all that it’s cracked up to be?   

Flexible working – A double-edged sword? 

Some would argue that the answer to this question is a resounding yes, as the rise of a tech-centric way of working has proven to be key in establishing new, healthier and cheaper ways of working and living in a demanding and economically tumultuous time. The dreaded long commutes to work are a thing of the past for many, as are the headaches that fitting one’s work schedule around pressing personal and care needs brings on a weekly basis. The freedom and balance that such schedule offers cannot and should not be understated, and for over 75% of respondents of our latest Salary Survey report said to be currently uninterested in making a move any time soon, it was found to be their biggest reason for inertia.  

The other side of the argument, however, is that perhaps surprisingly, it is proving to be somewhat problematic. As instrumental as it has been in breathing a new lease of life into legal careers across the industry, it has ended up having quite the opposite effect for some. The rapid progression of technology during and post-pandemic has no doubt brought people more together and more connected than ever, but as this has as much intrapersonal implications as it does interpersonal, it consequently means multiple aspects of an individual’s life also become tethered to one another, blurring the lines between home and work. The near-seamless transition that a flexible way of working provides between these otherwise set boundaries – with the speed and ease of communication that email and digital video technology provide – make connecting with colleagues and employers as effortless and as easy as it is with family, friends and loved ones. Team members can reach one another with a simple Zoom or Teams call and are each only an email or text message away, and suddenly it almost feels like one is expected to be available round the clock. Without the physical barriers that dictate the end of a working day and the start of another, people are finding it harder to compartmentalise work life and personal life and as a result, are as switched on and connected mentally as they are digitally to colleagues and employers even after working hours. The FOMO that it can generate as a result is seriously detrimental. 

 Toby Pochron, employment director at law firm Freeths signals the practicality issue inherent to a flexibility-oriented work life, a rather ironic actuality – considering it was meant to eliminate rather than add to the ‘always-on mentality prominent in work cultures across the industry:

“Workers, for example, are constantly connected to not just friends and family but colleagues and employers through the same devices. The ever-present ability to check emails, for example, is a major problem. Once emails are checked, if “urgent” things are identified, there is a temptation to deal with them immediately, even if that means outside working hours.”  

Does flexible working boost or hinder productivity?

An even more poignant reality to discuss is its impact on productivity, and how, despite the general perception around the degree of autonomy flexible working offers, it can be a driver of burnout through the restrictive way in which it forces some employees to live their work life. A study conducted by the University of Essex and the University of Chicago found an interesting pattern with regard to the productivity levels of employees working in an IT company during the pandemic, noting that although working hours rose in that time – by roughly 30% – including an 18% increase in out-of-hours working, overall productivity did not significantly change. Technology was found to play a key part in setting this pattern, as the sharp rise in meeting hours and email traffic meant there was a greater cost to pay for seamless collaboration and communication, a cost that came in the form of their autonomy –a factor found by the NALP to be one of the biggest drivers of burnout. As one might expect, this naturally leads to the behaviours normally associated with burnout, such as regular working out of hours – to compensate for a perceived lack of professional efficacy, and a resulting chronic exhaustion that only serves to compound the productivity problem and ultimately the business’ bottom line. 

Such issues put significant strain on mental and emotional resources and also make formal and informal working relationships difficult to build or maintain for an employee, which leads to a distinct lack of engagement with and increased distancing from work life – another common sign of burnout. Dr.Christoph Siemroth, one of the researchers involved in the above study, remarked on its impact on general capacity to build interpersonal relationships both in and out of work: “Additional evidence for this view is that employees networked less – they had fewer contacts with colleagues and business units both inside and outside the firm.”  

This has a particularly marked effect on new employees trying to find their feet during onboarding processes and the balancing act of juggling work and personal responsibilities in a new and unconventional work lifestyle. The lack of person-to-person contact and informal interaction (which is often crucial to building relationships with colleagues and a strong sense of stability in the early days of one’s tenure) present in a virtual meeting compared to a physical one, can lead to a disconnect between trainee/manager and employee and make integration an even bigger challenge, exacerbating burnout as a result. Employees already part of the furniture aren’t immune to this intrinsic issue within flexible working either, as the nature of virtual collaboration dictates that working relationships are the focus of any interpersonal interaction made, with any informal talk kept to a minimum to prioritise productivity. 

So, when the evidence points to a clear trend, counterintuitive as it may seem to imply that flexibility can be detrimental to overall professional wellbeing, it is pertinent to ask at this junction: what are the reasons it’s doing more harm than good?  

The work-life balance conundrum

Employers are falling into the all too common trap of defining what work-life balance means for their employees, when one of the most pertinent things about flexible working is the term’s inherent applicability to all lifestyles – whether that be in the form of a fixed hybrid schedule, a malleable working schedule or a fully remote one. Not every employee wants the lines between their work and personal life blurred, while some need the two to be closely linked, in order to allow for a work pattern that best supports their preferred style of working. 

 A study conducted by Gallup to investigate the preferred work styles amongst the U.S. workforce highlights the importance of allowing employees to decide what a healthy flexible working arrangement is for them. When asked what work schedule would be the most ideal out of a choice of a 9-5 job (with a clear divide between work and personal life) and a blend of the two throughout a working day, the results showed that out of all participants, 50% preferred the former (termed splitters) while the other 50 chose the latter (termed blenders). What was even more interesting was that out of a survey of large-company CHROs, they found that HR leaders repeatedly underestimated how much of their workforce wanted to be splitters. 

While the former set of results did vary by work-type, the key takeaway from the research was that employees not working in their preferred ways were more likely to report experiencing burnout, be less engaged and most importantly to hiring managers – on the market for a new job. Making the choice for your workers or team regarding what manner of flexible working suits them best is counterproductive to individual productivity and can cause the aforementioned issues exhibited by individuals struggling with burnout – issues that, out of all the burnout symptoms, have been shown to be among the top 10 that impact health and longevity.  

Your legal team: understanding your ‘splitters’ and ‘blenders’

Your goal therefore as an employer when approaching flexible working should be to understand on what spectrum each member of your workforce lies – whether they lean towards the splitter or the blender type – and devise an informed solution that best addresses their needs. This is especially important where a neurodiverse employee is concerned, as they largely depend on this kind of support and understanding from their employer in order to thrive at their job. The best way to approach doing this is to make it a leadership problem first before an employee one, as due to the systemic nature of the problem of burnout, its root causes must be tackled at the top first, before any resulting effects can be seen on the workforce.   

As such, the onus is on a firm’s leaders to begin by cultivating an environment that prioritises strong relationships and builds autonomy, belonging, competence and individual gratification from work, as this has been shown according to research, to mitigate burnout in workforces. This can and should be done by incorporating this into any programmes undertaken by leadership figures in the firm, and going a step further to make it part of formal coaching, as this helps to make the concepts of risks and consequences of burnout real to leaders, and offers a more bespoke and systemic approach to resolving individual-specific challenges with resolving burnout in one’s team. A core part of this is involving and utilising employee perspectives and experiences, as this will best inform the solutions you intend to craft for your own workforce. 

When this is done, you put the control and autonomy that can otherwise feel out of reach, back into your workers’ hands, thereby enabling them to work in a way that best suits them, and tighten any gaps present in employer-employee/colleague relationships to build the support systems that a workforce needs to keep them afloat should things become difficult to manage individually (which is often the case among lawyers in the industry). And most importantly, you heal that fracture that appears in their self-worth as a result of the sense of professional inadequacy burnout causes, as well as the physical and mental exhaustion it can lead to.   

Perhaps most pertinent to the discussion hiring-wise, is its profound impact on retention efforts – as at the end of the day the simple math is – the less unhappy and burnt-out employees are, the less likely they are to be watching out or actively searching for a new job – an undesirable situation for any employer to be amidst a widespread skills shortage problem. As far as recruitment is concerned, it significantly broadens your reach to otherwise shut-out segments of the legal talent pool unable to find what best suits their needs flexible-working-wise, and keeps you front of mind to the kind of legal professionals your firm may find annoyingly elusive. 

About Clayton Legal  

Clayton Legal has been partnering with law firms across the country since 1999 and has built up an enviable reputation for trust and reliability during that time. We have made over 5,000 placements from Partners to Legal Executives, Solicitors to Paralegals and Legal I.T. personnel to Practice Managers.  

 If you are building your legal team or looking for your next career move, we can help. Call us on 01772 259 121.  

The world of work is still undergoing seismic changes – in part due to the long-tail impact of the 2020/21 pandemic, as well as in response to more recent influences like the economic crisis in the UK and overseas. Legacy business practices have been put to the test, and whilst digital transformation has continued to accelerate at breakneck speed, some businesses are only now stopping to catch their breath and take stock.

One topic that continues to make headlines globally however is around ‘flexibility’ – still the most requested ‘benefit’ by job seekers who are rejecting a return to a hustle culture and supposed burnout.

The latest Work Trend Index Report by Microsoft, published late last year spotlights the topic, and claims that even though we are now many months into hybrid work, not everyone agrees on how it’s going. And whilst employees are (on the whole) embracing greater flexibility and the benefits that come with that, business leaders are having to find the balance between remaining competitive as an employer, with rising inflation, budgetary constraints, and a dispersed workforce.

Will we see a mass return to the office?

A recent survey by Slack stated that only 12% of people would actively choose to return to an office setting on a full-time basis. Yet, 50% of leaders are ‘demanding’ employees return to the fold – an approach that experts are saying could have serious ramifications for businesses that don’t offer some level of flexibility; instead impacting retention and creating flight risks that companies can ill-afford in the current market.

Nevertheless, global giants at Disney, Tesla, and Goldman Sachs have hit the headlines for vocally turning their back on remote or even hybrid working arrangements – instead insisting employees benefit from face-to-face contact with their peers, especially when it comes to collaboration and creativity.

This post-pandemic push to get people back into the office has also been adopted by other global businesses including Starbucks, Twitter, and KMPG. Yet, the supposed advantages of hybrid working arrangements continue to be analysed and pored over, with indications that this working arrangement can positively impact work-life balance, and productivity, mitigate burnout, and improve personal well-being.

For the time being it seems, there is an increasing mismatch between what employees want, and what employers are prepared to offer.

Is hybrid here to stay?

There is no doubt that the increase in remote, hybrid, and flexible working patterns has necessitated a shift in how companies operate. From having to invest in technology to support a separated workforce to contemplating (and analysing) the subsequent impact on things like collaboration, productivity, staff engagement, and culture. The road, whilst already well-trodden, is still relatively unknown as many still consider the permanency of such working arrangements.

Paul Lewis (CEO of job advertising company, Adzuna) states in a recent article in Forbes, that employers are becoming more polarised in their approach to flexible working. And whilst there is certainly one camp that has reversed any such arrangement at full throttle, others continue to see the benefit of offering flexibility (be that remote or hybrid) as a tactic to attract new (and much-needed) talent.

The hybrid dichotomy

There are evidently both challenges and opportunities of hybrid working that professional services continue to pore over as we enter a new year, not least against a backdrop of talent and skill shortages impacting general recruitment and retention of staff.

According to research by global analytic consultants, Gallup, benefits include more autonomy, less burnout, higher productivity, and a perceived improvement in work-life balance. Yet, the research also highlighted that employees noted hybrid arrangements led to decreased collaboration, access to resources, disruption to processes, and less connection to the business ‘culture’.

It is certainly an ongoing challenge for businesses to balance employee interests against general business performance – remembering as always, the needs of the end customer and if those continue to be met as the workplace continues to evolve.

The most recent Work Trend Index Report by Microsoft highlights research where over 20,000 people in 11 countries were interviewed and analysed alongside labour market trends. The key findings (presented last September), and subsequent recommendations to business leaders were:

‘End productivity paranoia’

• Whilst managers may be worried about the general productivity of employees, not in the office, 87% reported that they are more productive. This is then backed up with Microsoft 365 data and productivity signals including meeting invites, multi-tasking (sending emails in meetings), and tracked activity.
• Yet, as some businesses install tracking technology to measure productivity signals themselves, many employees are left feeling like they aren’t being trusted. This can, according to the report, then lead to digital overwhelm where employees feel the need to ‘prove’ they are working…possibly out of normal work hours.

‘Embrace the fact that people come in for other people’

• Research at this juncture indicates that the desire to return to the office environment, even on a hybrid basis, is down to people missing the social interaction and connection with their peers. Therefore ‘rebuilding social capital can be a powerful lever for bringing people back to the office’.
• Digital communication tools are as important as ever to allow employees to connect with each other and with the business leaders.

‘Re-recruit your employees’

• Despite the choppy waters of the economic and political landscape that arguably make job seekers more cautious, employers should still be mindful of staff retention…even if they aren’t actively recruiting or on a growth trajectory themselves.
• There should therefore be a focus on re-energising and re-engaging existing staff members who according to the research are still ‘turning to job-hopping, the creator economy, side hustles, and entrepreneurship to achieve their career goals’.
• This includes providing genuine growth and career progression opportunities, training, and development support

Let’s Talk About Flex

In our blog 12 months ago, we looked at definitions of the various flexible working models at the time – centred around what was coined ‘home, hybrid, or hub (office)’. And, whilst these are still as relevant today, the models themselves continue to evolve and adapt – both to the needs and desires of employers and employees and also in relation to external factors and the socio-economic landscape.

Other nuances include:

Flexi

• the employee has the freedom to pick exactly where and when they work….not limited necessarily to the home or the office

Office-First

• employee spends the majority of time in the office, and less remotely

Remote-First

• employee spends the majority of time working remotely, and less in the office

Fixed

• the employee has a set working pattern for days in the office and days at home/remotely

Compressed

• depending on the needs of the business this may include full-time hours worked across a shorter amount of days e.g nine longer days instead of ten – giving employees flexibility without losing capacity

Annualised Hours

• the employee has to work an agreed amount of time over the year, but (aside from core hours) has flexibility around when they work based on extra demand

Four-Day Forecast

As well as the ongoing rumblings around flexi-, hybrid-, agile-, and remote-working, there is also a renewed focus on the ‘4-day week’ – not least because of the pilot programme that launched in the UK last year, which has just published its initial results (based on data from US, Australian, and Irish businesses in the first phase of the trial).

The programme, the brainchild of the not-for-profit ‘4 Day Week Global’ founded by Andrew Barnes and Charlotte Lockhart, advocates investment in the transition to reducing working hours; a ‘business improvement strategy centred on working smarter rather than longer’, and investing in the wellbeing of a business’s employees. Notably, the trial is based on a so-called ‘100-80-100 model’ = ‘100% of the pay, 80% of the time, but critically in exchange for 100% of the productivity’.

The notion of a shorter week had already been gaining traction in recent years, and as the pandemic forced through many changes in the workplace, a more formal approach was taken in 2022 with the world’s first coordinated trial and large-scale independent research into the impacts of a 4 day week.

The results, published last November, hail the pilot a resounding success on nearly all fronts with participating businesses reporting increased revenue, reduced absenteeism and resignations as well as a general increase in staff engagement and satisfaction in their roles. None of the businesses who took part in the trial will return to a 5-day week.

With pilots now taking place across the globe including the UK, South Africa, and Canada, it certainly seems many businesses are at least open to the idea of a seismic shift to the working week as we know it – but only, of course, if the numbers stack up.

In Conclusion

The pandemic of 2020/21 certainly accelerated substantial changes to working patterns and behaviours – shaking up when, where, and how individuals operated. It seems that in this sense, we are still in somewhat of a state of flux as businesses contend with economic instability, rising costs, declining staff retention, and a skills shortage impacting recruitment.

Yet the cards, arguably, are still being held by employees who remain resolute that flexibility (in whatever form) is a leading factor in decisions around if they stay, or if they go (and indeed, where they go next).

It is certainly true that there is no one-size-fits-all solution for employers as they continue to navigate these choppy waters, yet the narrative (at the moment at least) certainly predicts that flexibility isn’t a fad…rather, it’s the future.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help. Call us on 01772 259 121 or email us here.

Since the COVID-19 outbreak at the end of 2019, many working practices have changed and are set to stay that way for the foreseeable future with the introduction of many hybrid and remote working roles. As many law firms confirm they will not be bringing staff back full-time, making hybrid solutions work for all is deeming to be an ongoing process that we are not seeing the end of soon.

And, whilst there has been much documented about pros and cons of homeworking, for many it may be a non-negotiable when looking for a new role – one that is no longer limited to geographical boundaries.

So whether you find yourself working from home on a more permanent basis, or as part of a hybrid working pattern, here are our top tips to stay motivated, keep your productivity high, and keep engaged with your employer and colleagues.

1. Allocate a Workspace

To clarify the boundaries between home and work, it’s essential to set up a specific workspace. If you can, allocate a spare room for this purpose as this will give you a visual reminder of when you are ‘at work’. Having a physical door, you can shut will also minimise potential interruptions from other family members.

However, if you do not have extra space, then a corner of another room can become your ‘office’. Just ensure that paperwork doesn’t spill into other areas and that when you close your laptop at the end of the day, you leave that space as you would leave a physical office.

2. Be Clear on Boundaries

Let your family know when you will be working and when you’re free, so you don’t have distractions, and be firm with them that you are not to be interrupted during your work hours.

3. Dress for the Occasion

To maintain a professional approach, it’s essential to shower and dress each day as you would normally. You don’t have to wear a fitted suit when working remotely (unless you are planning a client video call), and smart-casual, comfortable clothes will put you in the ‘zone’ and send the right messages to your brain that you are in work-mode.

4. Write Your To-Do List

Structure your day, as you would in the office. Allocate times for research, writing reports and contacting clients. If you would typically do specific tasks on certain days, continue to do so as this will help add structure and define the days, so they don’t start to merge into one.

5. Map Your Productivity Levels

You will notice when you have times of high productivity, and when that dips slightly (for most people, this is mid-afternoon). If you start to find you have much more mental energy earlier in the day, you can start working on more complicated cases earlier, leaving time for routine admin later on when your energy is lower.

Conversely, if you get your best work done later in the day, adjust your schedule. Just make sure that contact times with senior partners, colleagues and clients is convenient for all concerned – this should take place during established working hours.

6. Add a Background

If you are used to a busy, bustling law firm, it can be very quiet working alone. Consider some soft background music for company – it helps that too-quiet feeling and can boost your concentration levels. You can access specific concentration music via YouTube or put some classical music or Radio 4 on at low volume.

7. Schedule Breaks

It’s good to have a break from the screen and get some downtime for your brain too. So, aim to have lunch in another room away from your office space. And go outdoors – even for a quick five minutes to get some fresh air and lower stress levels.

8. Check In to The Office

Keep in touch with your senior partner or manager and colleagues regularly – ideally daily. This allows you to update them with what you’re working on, discuss priorities and schedules, and remind yourself that you are still working as part of a team.
This is particularly important if you are unused to remote working, as feelings of isolation can set in once the initial novelty has worn off.

9. Sign Off

As part of your schedule, have a definitive sign off time. That means, at the end of your workday, you close your laptop, turn off your business mobile and other equipment, and leave your office space. Follow this procedure to avoid the temptation to ‘just finish that project’, or just do ‘another five minutes’ on a case.
Remember, you need to keep your work and home life separate.

10. Enjoy Your Down-Time

From exercising to getting enough sleep, it’s critical to maintain a routine that keeps you energised and focused. It’s unlikely you would stay up till 2 am watching tv during a typical work week, so don’t be tempted to do so just because you’re working remotely.

Spend your free time doing something you enjoy with family and friends, where possible. If the current pandemic makes that challenging, remember to keep in touch virtually via Facebook, Messaging, WhatsUp, Skype, or whichever platform you prefer. From holding virtual cocktails on a Friday evening to a group chat – enjoying your downtime will help you maintain high productivity while you are working remotely.

Some final thoughts

For many legal professionals, working from home has its challenges but remember to think about the positives – from uninterrupted quiet to get on and the ability to set your own schedule, to avoiding the commute and even saving money by not having to buy lunch every day!

A good plan of action and a clear distinction between working and home life will help set you up for successful – and enjoyable – remote working.

Next Steps

If you’re reading this article because you are looking for a new opportunity, perhaps one that does offer flexible or hybrid working solutions, please call one of the Clayton Legal team on 01772 259 121.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help. Call us on 01772 259 121 or email us here.

If you would like to know more about recruiting trends in the legal sector this year, download our latest guide here.