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Feature

Is pay less important in a post-pandemic world?

The working life of legal professionals has radically shifted, on myriad fronts, since the onset of COVID-19 just over two years ago. With the global pandemic now in its third year, and the nature of legal service delivery and practice all but assured not to fully return to pre-pandemic conditions, what lawyers value most in their working days is evolving.
   BY JEROME DORAISAMY

More and more practitioners are opting for flexible and remote working set-ups, or at least hybrid arrangements whereby the office remains a constant. Reflection on what one deems essential for their vocational journey has sparked talk of a looming “Great Resignation” for lawyers, being driven partly by disconnection and set to hit all demographics of the legal profession, including in-house and boutique firms.

Salary has always been a crucial consideration for lawyers in their professional development and trajectory, and three in four lawyers seem happy with their current pay levels, as found by recent Momentum Intelligence and Lawyers Weekly findings. But, with new elements pressing their case in extrapolating what will offer meaning for each individual, how essential is pay moving forward?

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What lawyers value right now

The age of COVID-19, Keypoint Law chief executive Warren Kalinko mused, has given people the opportunity to re-evaluate, which in turn has allowed a sense of purpose, and of connecting with what’s important in life, to move to centre stage.

“The implications for law firms are profound. The ‘command and control’ law firm is no longer in vogue. Lawyers now want practice autonomy, because it gives them the freedom to design the life they want to lead,” he submitted.

“Many firms think the solution is to allow their lawyers to work from home two days a week (and that shift took a global pandemic to achieve). However, the reality is that ‘work location’ is not the driver of practice autonomy. To achieve true flexibility and control, law firms need to jettison billable hour targets and the entrenched management lever of the daily timesheet. To date, only a handful of national firms have achieved this.”

Madison Marcus director Jimmy Morcos supports this, noting that the day-to-day operations across personal and professional existences have been influenced in a variety of ways.

“The business world has been catapulted and driven into a new way of remote and hybrid working. Within our business, COVID-19 has driven and created a raised awareness of the importance of personal and professional values and priorities. Areas to highlight are health, wellness, purpose, time, further learnings and in turn, created a demand for work/life balance. Effective and collaborative work environments and processes amongst employees and teams have become a necessity,” he detailed.

“Prioritising new workflows, processes, and technologies to create an environment where employees can work not just effectively but also enjoy the process of executing their work commitment has been just as influential as salary to any prospective or existing legal professional. Automated processes and workflow efficiencies have allowed for greater employee happiness as well as work/life balance for employees, by providing clear lines between work and personal hours. This balance is critical to the business world that never ‘switches off’ with open communication lines only a mobile, or internet connection away.”

The importance of an environment where employees can enjoy the experience of collaborating and socialising together, particularly in a time of increased isolation, is a significant consideration, Mr Morcos argued.

“So much so, that in late 2021 we made the executive decision to invest in a new space that offers both a central location but also a space that is collaborative and social. Our new location at Level 10, 60 Castlereagh Street, Sydney offers an aesthetically chic space, encased in natural light and foliage but provides a space for professional, collaborative work but the opportunity to socialise and network,” he advocated.






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How happy are lawyers with their pay and reward?

New research from Momentum Intelligence sheds light on the levels of satisfaction that legal professionals have with their remuneration packages.

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“Given that lawyer work/life balance is in tow to mental health and wellbeing, we are mindful that the key to achieving balance lies solely with the individual. We are frequently reviewing and addressing opportunities to engage and create the employee the prospect to nourish their mind, body and spirit through their environment and providing flexibility and hybrid working models where appropriate.”

However, none of this means, Mr Kalinko explained, that money is less important. “Lawyers want their cake and to eat it too,” he noted.

Mr Morcos: “The implementation of flexible working conditions, efficiencies and technologies has become just as important as salary.”

What this ultimately results in, Mr Kalinko surmised, is a “shift is to ‘equitable remuneration’”. “That’s the heart of the issue. Legal professionals want to be rewarded fairly for the value they create,” he said.


“That’s the heart of the issue. Legal professionals want to be rewarded fairly for the value they create”

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Salary remains front of mind

Legal People owner and partner Sharon Henderson said that salary, and associated benefits, remains front of mind for today’s lawyers.

It is certainly, she told Lawyers Weekly, among the top three considerations lawyers have when speaking to recruiters, together with values alignment and – in a post-pandemic world – flexibility, and the options for it.

“It really depends on an individual’s own financial situation as to whether ‘salary’ is their primary motivator or not. For some candidates, flexibility is their priority, for example, working a mix of home and office, on a full-time basis, or they may be wanting to work part-time,” she explained.

“The values alignment component in matching a client to a candidate has become much more important given that many legal professionals have reassessed what they want in their career. Candidates have come to understand that without a values alignment, they won’t find the cultural fit that they’re looking for.”

This all said, Ms Henderson continued, current market conditions – namely, the “candidate tight” environment that has been present for some time – have pushed salaries upwards in recent times.

This is especially a problem for in-house teams, Burgess Paluch Legal Recruitment director Paul Burgess recently told Lawyers Weekly, with what he called “aggressive” BigLaw salaries causing headaches for corporate law departments and recruiters in that space.

We are seeing, Ms Henderson pointed out, “talented candidates often field multiple offers and clients are having to ‘meet/exceed the market’ to secure them”.

“This can be evidenced by the fact that Gadens, Ashurst and Gilbert + Tobin have all increased lawyer salaries by 10-15 per cent in recent months. This is most likely a talent retention strategy, particularly as we are hearing so much about ‘Great Resignation’, which is anticipated for some time in 2022,” she said.

What she is finding, she said, is that candidates are wanting to “tick off all their boxes” as the nation moves away from pandemic-inspired restrictions.

“Their new ‘job wish list’ can include several features such as remuneration, sign-on bonuses, career development opportunities, flexibility via hybrid working arrangements, nine-day fortnights, part-time hours, working with great clients, future performance-based bonus opportunities, values alignment, wellbeing programs, and more. Many candidates are also asking about a firm’s requirements around ‘billable hours’ per day, when comparing this to other firms, prior to accepting a role,” she listed.

In light of all this, salary and associated benefits may have become less important to some, but it is still a priority for most.

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‘Aggressive’ BigLaw salaries causing headaches in-house

In conversation with Lawyers Weekly, Burgess Paluch Legal Recruitment director Paul Burgess said that the feedback being received from Australian corporate clients at this juncture is that it is incredibly difficult to recruit in law departments, particularly when it comes to lawyers with three to seven years’ PQE.

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“The changing needs of legal professionals are driving genuine innovation in the profession. And this will not only make life better for lawyers and their families, it will translate to better client outcomes too”

Changing market reactions

In the current highly competitive market, Ms Henderson advised, legal recruiters are having to carefully manage the expectations of clients and “really provide insight and education around the ‘candidate tight’ market we’re in now”.

“Particularly on this side of Christmas, as It is extremely challenging to find people who are ready to make a move now. We are advising our clients, if they see a great candidate, that they should ‘put their best foot forward’ and make an offer rather than waiting for a comparison candidate,” she said.

“We are also now being asked for much more information about roles and the company from our candidates, i.e., in addition to the ‘position description’, they want a real understanding of the firm and the other benefits being offered, for example, health and wellbeing days and the whole employee value proposition. Many of our clients are consequently now working on improvements to their employee value propositions.”

In her hometown of Melbourne, citizens have recently emerged from lockdowns and thus are starting to see a shift relating to interviews, with the process still starting online/virtual but moving to face-to-face meetings with further progress, Ms Henderson noted.

“As a specialist legal industry recruiter, we support our candidates in making the best decision, based on our understanding of what they want in their next role and workplace. We listen intently to what it is that a candidate really wants and their reasons for exploring new opportunities. It is also our role also to manage their expectations, providing feedback as to whether their wish list is realistic,” she posited.

The way Madison Marcus sees the question of adapting to shifting employee or candidate expectations, Mr Morcos said, is to “evolve, or fall behind”.

“We have made considerations and huge efforts to be more supportive and understanding of all team members and their individual needs, obstacles presented across the adjusted working environments but also workflows and processes that have presented over the course of lockdowns,” he outlined.

This is something, he stressed, that Madison Marcus is particularly focused on: “We are excited and determined to support our team and also create a generation of optimistic, innovative and courageous leaders and attract like-minded talent to create, and open new opportunities and ways of working that had not previously been considered.

“This is only the start of the Madison Marcus story and journey, and we look to the future.”

Reflections

Regardless of whether salary remains a foremost consideration for legal professionals across the board, the evolution of vocational priorities more broadly will lead, Mr Kalinko believed, to happier and more satisfied lawyers.

“The changing needs of legal professionals are driving genuine innovation in the profession. And this will not only make life better for lawyers and their families, it will translate to better client outcomes too,” he proclaimed.

Ms Henderson backs this, pointing to the advent and mainstreaming of greater work/life balance as a direct result of the global pandemic.

“It is particularly exciting to see firms offer more flexibility than we have ever seen in our 45-plus years of legal industry recruitment experience! It really has been a long time coming,” she said.

“I also love that some lawyers are looking for meaningful purpose in their work and to give back, to really add value and make a difference.

“It’s a privilege to be part of that!”

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