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Troubling new research gives rise to questions about the extent to which boundaries can and should be set by lawyers regarding availability for contact by clients.
Thomson Reuters has published its Stellar Performance report, exploring the importance of communication in an increasingly hybrid working environment and the ways that lawyers want to change how they work.
The survey found that one in two (49 per cent) of senior lawyers do not think that they should set any boundaries with clients when it comes to contact. Furthermore, one-quarter of partners feel that they are unable to discuss such boundaries with any of their clients.
The research offered pertinent lessons for practitioners in Australia as the market looks towards the post-pandemic new normal, in which remote and flexible working arrangements will be more prevalent and client expectations must be adjusted.
In conversation with Lawyers Weekly, Thomson Reuters research manager Lucy Leach said that there was a common theme among the lawyers surveyed: that they perceive client service excellence to include availability at any time.
Examples of responses from those surveyed, she noted, included: “Providing excellent service requires being available when the client needs you”, “I want them to call me when they need me”, and “I give my clients my cell number. They can call me anytime”.
The idea that boundaries should not be set when it comes to client contact likely has a deleterious effect on mental health, Thomson Reuters surmised, especially given that junior lawyers feel pressure to follow the example set by their more senior colleagues.
Lawyer wellbeing, Ms Leach explained, is built on three pillars: clarity on one’s role, control over one’s work, and direct support for wellness.
“Not setting boundaries for contact with clients and therefore being ‘on call’ at any hour, could impede an individual’s ability to feel in control over what they work on and when,” she submitted.
“This can be a choice for some senior lawyers, but in doing so, it may set an example for others including junior lawyers to be available and responsive at all times. This can be a hard standard for everyone to live up to and, where it is not a personal choice, such as for a junior lawyer, it could potentially negatively impact that individual’s sense of control over their work, and as a result, have a detrimental effect on their wellbeing.”
The impact of not setting healthy boundaries is “not just on the individual who makes that choice”, Ms Leach argued, “but on their wider team too”.
While the Stellar Performance report did not directly address whether or not such impacts have been exacerbated during the age of coronavirus, Ms Leach did say that Thomson Reuters has been hearing anecdotal evidence of new challenges arising from remote working, such as the inability to switch off.
“Most lawyers are looking for flexible working as things return to normal, so not a complete return to the office 9-5, five days a week, but mixing office with work from home and more flexibility in when they work,” she said.
“This means that it is important for firms to address the individual preferences of their lawyers about how, where and when they work, and designing new working practices, whether at home or office, including being intentional about creating collaborative practices, including junior lawyers as often as possible and communicating in thoughtful, purposeful ways.”
When firms get this right, Ms Leach surmised, “it can be a positive force for wellbeing overall and improve their ability to attract and retain talent”.
When asked about practical steps that senior lawyers can and should take to ensure that more stringent boundaries are in place, so that client expectations can be suitably adjusted, Ms Leach said that some suggestions could be extrapolated from the research and analysis undertaken by Thomson Reuters.
“The research emphasises working with clients to understand and adapt to their expectations. Law firm leaders may consider advocating initiatives such as the mindful business charter with their clients,” she said.
“Consider whether firms really need to provide a 24/7 service and if so, can teams work shift patterns rather than bearing the load of permanently being on call? Should clients pay extra for out of hours service?”
Ideally, Ms Leach went on, firms should set healthy boundaries into their service standards around communication and responsiveness, “so that it’s clear to clients whom they can reach out to and when, as well as making it clear to lawyers – especially juniors – what is and isn’t expected of them”.
“Obviously, clients play an incredibly important role in determining the need for contact to be addressed by any solution,” she said.
Jerome Doraisamy is the managing editor of Lawyers Weekly and HR Leader. He is also the author of The Wellness Doctrines book series, an admitted solicitor in New South Wales, and a board director of the Minds Count Foundation.
You can email Jerome at:
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Jerome Doraisamy
