Flexible Working in the Law: Myth or Reality?

Good afternoon, my name is Maitland Kalton. I am the chair of Lawyers for Change and a partner at Kaltons LLP, a commercial law firm specialising in technology and innovations. What I do is bring people together and help them tap into their potential in a way that first and foremost works for them through effective communication.

This afternoon I will be speaking about what “flexible working” means for my practice and for some of the supporters of Lawyers for Change, a relatively new movement in the legal profession committed to exploring new approaches to practice in ways that significantly enhance client service. At Lawyers for Change we are committed that the end result of our work is a measurable impact on the reputation of lawyers in society.

So, what is “flexible working”? Traditionally it means flexible working hours and flexible working arrangements. Certainly these are the first and most obvious ways in which Kaltons has flexible working. Indeed my partner, Julian Danobeitia , works flexible hours due to family commitments and often works remotely from home to fulfil on his commitments whilst leading a full professional life. Though undocumented, flexible working has become a core value of the firm.

At this stage it might be helpful for me to tell you that it is the very existence of this flexibility that enables us to have somebody of the calibre of Julian working in a firm of the size of Kaltons. We are a small, if fast growing, firm. Were it not for the commitment to creating a law firm that “walks the talk” of the promise of Lawyers for Change; were it not also for the fact that we offer flexible working arrangements where it is consistent with the service to the client, we would not attract high quality lawyers with first class degrees (we have two in our team already) - traditionally such high calibre candidates have been snapped up by medium to larger firms. However, in our experience, in the new millennium there are rich pickings from firms that are not prepared to be flexible.

A recent survey carried out by Lawyers for Change revealed that some 43% of lawyers would not go into law if they had their time again. This worryingly high level of dissatisfaction will, no doubt, be reflected in the individual’s work performance, their personal happiness and their long term health.

Indeed, Julian was on the point of leaving law when we met through Lawyers for Change. He is now more fulfilled and happier than ever, providing truly creative solutions for our clients as well as training other lawyers including senior in-house counsel at many FTSE 100 businesses through Addleshaw Goddard. This has allowed him truly to blossom as a lawyer and also to bring his love of coaching people to provide some uniquely powerful results for clients, staff and other lawyers.

Through Addleshaw Goddard we have been training senior in-house counsel in commerciality and with one firm the training helped generate an additional one million pounds in fees in the last year alone.

We recognise we have a long way to go but the intention in me sharing this with you is to introduce to you the concept of “looking for the gold” in recruits and in training in ways that mine this gold first and foremost for the benefit of the fee earner. The second beneficiary is then of course the client who experiences an entirely different level of service deriving from the commitment and enthusiasm for work, not to mention a level of relationship building that is not hamstrung by worries about conforming and looking good but instead actually delivering what the client really wants. As a result, we also benefit hugely.

How many lawyers do you know that really listen? We spend a lot of time and effort on developing this skill.

This approach is a relatively recent innovation for us and the impact on client enthusiasm has been tremendous. At a recent client event, one international fashion designer came running over to me to say how delighted he was for the creative solution and additional coaching support provided by my partner. He feels completely nurtured by the firm in a way that empowers him without it creating a dependency.

My own experimentation in new approaches to practice arising from this training has allowed me to create contracts that encourage quick deals and good business relationships, one client commenting that in her many years of experience in dealing with lawyers in major firms, she has never had a contract that was so readily received.

The impact on us has been to create a really effective team, the power of which comes from the commitment to something beyond targets and career advancement – to “creating relationships that work” in all areas of life. It calls fee-earners to question themselves at every step and to be creative in providing solutions consistent with not leaving any stone unturned in creating relationships that work, whether internally, with clients, between clients and third parties and even in our private lives. No-one has to work this way but I am clear that there is a great deal available by taking on this approach - for me, creating relationships that work is one of the most inspiring things possible. This approach is not a mission statement: it is simply a powerful, inspiring and fun context from which to live one’s professional life.

Both I and my team have a long way to go in this discovery of new approaches to law which are constantly being unveiled through Lawyers for Change and internally at Kaltons. However, what I am clear about is that in the struggle to differentiate ourselves to our clients and staff, we have a real competitive edge that makes people want to do business with us. This is entirely in line with future business forecasts predicting the competitive edge being gained by things you cannot automate, outsource or leave to experienced paralegals, namely the human skills that allow us the privilege of being a “trusted adviser” (or, as Professor Richard Susskind calls it, a “man of affairs”).

If I may just make a plug for Lawyers for Change at this stage, as I have said, we are a not-for-profit organisation. There is a broad range of membership, (mostly but not all lawyers). Some are senior academics or non-lawyers interested in an effective legal system. We are constantly searching for fresh blood, whether students or trainees or senior partners. Our first trainee came to me having introduced her to Lawyers for Change. She has turned out to be the most committed lawyer I have ever worked with and her clear intention is to take on the insolvency arena when she qualifies - she is a real powerhouse who was in danger of slipping through the net and out of law altogether!

The point I am making is that Lawyers for Change is a hotbed of cutting-edge thinking in client’s service delivery for the 21 st century and my own reward for taking on this huge challenge has been to acquire new skills to help take Kaltons forward and at last fulfilling my own personal aspirations.