ANALYSIS: Female, Minority Attorneys Will Pursue Job Flexibility

In 2024, the push back into the office could push female attorneys and minority attorneys out the door. These groups are more negatively impacted by return-to-office (RTO) policies that are overly restrictive, which could have them seeking jobs with more flexible work arrangements if their current organizations require more in-office days.

The work from home (WFH) flexibility that existed during the height of the Covid-19 pandemic is disappearing from the legal industry. There are advantages to being back in the office that benefit both individuals and organizations: opportunities for professional and personal development, cultivation of a company culture, and utilizing costly real estate.

But for groups that have been historically marginalized or excluded in the legal profession—like females and racial minorities—being in the office for more than one or two days a week isn’t ideal. These attorneys, who are more likely to be on legal teams composed of people who don’t look like them, may not benefit from, and could possibly be harmed by, in-person interactions. Further, these groups may have family obligations that necessitate more flexible schedules, and the lack of flexibility will further lessen feelings of inclusion and belonging.

The RTO shift hasn’t led to a wave of attorney departures, but Bloomberg Law survey data indicates this will change. Female attorneys and Black, Asian, and Hispanic attorneys said they will switch to organizations that offer more flexible options in 2024.

Female and Minority Attorneys Want Flexibility

The majority of attorneys (58%) responding to Bloomberg Law’s Workload and Hours Survey in August said that they wanted a hybrid schedule that allows them to work remotely between one and four days a week.

Almost a quarter (24%) of the respondents said that they wanted to be remote full time, while 17% said that they wanted to be in the office all five days. Female respondents and Black, Asian, and Hispanic respondents, however, responded that they desire more flexibility than this.

Only 8% of female respondents prefer to be in the office full time. This is in stark contrast to the male respondents: 26% said they want to be in the office full time. Of the remaining 92% of female respondents, 30% said that they want to work remotely full time, while 62% said that they preferred a hybrid work schedule.

For female respondents who have minor children at home, 96% said they want a remote or hybrid schedule and only 4% said they desire to be in the office full time. As Bloomberg Law reported previously, these working moms also have higher rates of burnout and stress, possibly due to the pressures of balancing work with home responsibilities and expectations.

Attorney respondents who identified as Black, Asian, or Hispanic also want more flexibility.

Like the female attorneys, the largest percentages of these minority groups desire a flexible schedule that allows for 3–4 WFH days.

This conflicts with what’s being expected of attorneys: Almost three-fifths of the respondents told Bloomberg Law that they have to be in the office three or more days a week. The most common RTO arrangement—as required by employers—is 3–4 days in the office, with 47% of respondents selecting this option.

The survey data echo recent headlines about law firm, corporate, and federal government RTO policy changes.

The RTO policies vary but three days per week appears to be the minimum. The Justice Department will begin requiring at least six in-office days every two weeks beginning in January, while lawyers at Skadden and Davis Polk returned back in the office for four days per week earlier this year.

Attorney Departures on the Horizon

From July 2021 to February 2022, during the “Great Resignation,” 7% to 10% of attorney respondents to Bloomberg Law Workload & Hours surveys consistently said that they were actively looking to leave their jobs. This data point dropped to 5% by summer 2022—perhaps because some respondents found new jobs. In January and August of this year, the reported percentage of those actively looking to leave their jobs increased to 9%.

A breakdown of the recent Workload & Hours survey data by gender and race shows that higher percentages of female, Black, Asian, and Hispanic survey respondents are actively looking for and are open to new jobs than their white or male counterparts.

Fifty-one percent of female lawyers reported they’re interested in new jobs, while 42% of male lawyers said that they are.

Similarly, higher percentages of Black, Asian, and Hispanic respondents reported being open to new jobs than white respondents did.

The recent RTO policy shifts mean that job changes are on the horizon. RTO has advantages, but it could lead to a higher turnover of those groups that legal organizations particularly want to retain due to their commitment to inclusion and diversity.

Those organizations that offer more flexibility in 2024 will retain and attract female and minority attorneys and will benefit from those attorneys’ talents and voices.

Access additional analyses from our Bloomberg Law 2024 series here, covering trends in Litigation, Transactions & Contracts, Artificial Intelligence, Regulatory & Compliance, and the Practice of Law.

Bloomberg Law subscribers can find related content on our Surveys, Reports & Data Analysis page, our  Legal Operations page, our In Focus: Lawyer Development page, and our In Focus: Lawyer Well-Being page.

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