The family way

For at least one parent-to-be, planning to take time off work after having her children involved numerous to-do lists, colour-coded tabs and a bundle of poly pockets. In other words, according to the three-time maternity-leaver who contributed to the Society’s new “Parents in the profession” guides, it was not dissimilar to reaching completion on a major infrastructure project. The observation by projects lawyer Fiona Scott may be lighthearted, but it reflects the level of preparation that often goes into such a major shift in our personal and professional routines and priorities.

The need for good preparation is just one of the themes that emerges from the series of 12 guides produced by the Law Society of Scotland in conjunction with The Talent Keeper Specialists. Aimed at solicitors and others working in legal services about to embark on, or return from, a period of maternity, shared parental or adoption leave, and their line managers, the guides explore a range of important issues. Based on real-life case studies, research evidence and an assessment of the legal aspects of leave, they offer advice on, for instance, ensuring a smooth handover with your cover, making the most of “keep in touch” days, negotiating flexible working, preparing to return to work and how to get ahead once you are back.

Rob Marrs, the Society’s head of education, explains that the guides are based on much of the good practice that already exists in the profession. “One common theme in our equality and diversity research is that there are differing practices across the profession when it comes to parental leave, but most obviously to maternity leave. We knew from this research that there was really fantastic practice going on, and we’ve worked with solicitors from across Scotland to bring this great practice together in one place. We hope that the guidance will improve the parental leave experience – and the return-to-work experience – for solicitors and others working in legal services and their employers.”

He adds that the guides will complement the Society’s recently launched Equality Standards and Equality Strategy. The Society has also carried out extensive research on equality and diversity, confronting issues such as bullying and harassment, and inequalities facing women and ethnic minorities in the profession. And while many improvements have been made, it is acknowledged that more could be done.

Marrs explains that the latest guides are intended to continue to drive equality in the profession, while also ensuring that the best talent is retained by firms and other organisations. He says: “The guidance is full of hints and tips. For me, the guide for line managers on how best to manage maternity leave – with its focus on communication and understanding – was particularly useful. For those on maternity leave, the guidance on keep in touch days may be worth a look.”

Case Studies

Fiona Scott: project planning

As a projects lawyer, Fiona Scott, a senior associate at CMS Cameron McKenna in Edinburgh, admits she approached her impending maternity leave in much the same way she would prepare for reaching completion on a major infrastructure project. Though, she adds, it did involve marginally fewer lists, poly pockets and colour-coded tabs.

Having been on maternity leave three times, she concludes that “It’s all about planning and preparation in good measure.”

She continues: “An impending maternity leave is not like a holiday that could, if necessary, be cancelled or postponed and, although none of mine did, babies can decide to come before their appointed completion dates so the planning process needs to be started early.

“In addition to making detailed notes in respect of the position of each of the files for which you are responsible, with copies of, or links to, the current versions of all relevant documents and papers as a reference, there are a few other things you can do that your colleagues and boss may appreciate.

“If possible, have a colleague shadow some of the work on these files and be introduced to clients in the final month before leave is to start. If you can, have an open discussion with your boss about your intentions for returning to work after leave – this allows them to plan for your return and (hopefully) make sure they have work lined up for you.”

And it is also important to keep in touch during the maternity leave, she adds. “It shows you are interested and also reminds the firm that you fully intend to return to work and should be kept in mind for work in the pipeline.

“As far as possible, commit to your return-to-work date discussed with your employer prior to going off. I appreciate that, legally, your employer is not entitled to pressure you on this, but I took the view that they are ultimately running a business and need to know what resource is available to them and when. I believe that this showed them commitment from me and that I was taking my return to work seriously.”

Ian Rodger: rural practice

As the partner responsible for managing maternity leave at Kirkcudbright firm Williamson & Henry, Ian Rodger believes that flexible working requires a working relationship based on mutual trust and confidence.

He adds: “In our smaller rural firm, we are fortunate that this is the reality, as I know all our staff and solicitors well enough to know I can trust them, and have enough confidence in their integrity to, for example, be happy for them to work from home.”

But he also asks whether the structure of firms, particularly in rural areas, could be changed to allow more part-time working at senior level. “Nationally, there is a shortage of solicitors who want to become partners in solicitors’ firms. I think in most firms there is an expectation that the owners of the business – for example, the partners in a partnership – will work full time. Yet it appears that an increasing number of solicitors would rather not work full time, particularly those with a desire to devote a significant portion of their time to their family and raising children.

“I would imagine that more part-time positions are available at senior level for employed solicitors, but my impression is that this is a general problem in private practice. I think that, as a profession, we need to find ways to change the structure of individual firms to create opportunities for part-time work at senior level wherever possible.”

His observation is backed up in the Society’s guide, Best practice for managing maternity leave for line managers, which cites research showing that women at organisations offering flexible working are 30% more likely to aspire to high-level positions.

And he adds that the reluctance to commit to partnership has a knock-on effect on developing a succession strategy. “Many smaller firms have difficulties putting in place a succession strategy. There are other reasons why rural firms have a problem with this, not least the difficulty in recruiting employed solicitors in the first place. Nevertheless, my suspicion remains that many employed solicitors may be reluctant to commit to partnership because they perceive that the demands on them will be too great given their commitment to family matters. I believe it’s an issue that the profession needs to address.”

Sue Arrowsmith Rodger: coming back

While the process of planning to take time off brings its challenges for new parents, so too does the subsequent return to work. Fife-based Sue Arrowsmith Rodger, a partner in Pagan Osborne’s St Andrews office, suggests taking one step at a time.

“For the first few days, just take in all of the changes, and tackle the tasks before you one by one. Once you’ve been back for a week or so, you’ll find your feet properly. Arrange regular meetings with your line manager to discuss any issues that arise, such as workload, training or competency issues, and any admin matters.

“Personally, try not to feel guilty – your child will be absolutely fine in the childcare you have arranged. He or she will be benefiting from new experiences in new circumstances, which will help his or her development. Also, don’t be surprised if sleep patterns change when you go back to work. When you change a child’s routine, it can often take a while to adapt and adjust.”

She is also aware of the need to draw boundaries between work and home. “Try to separate your life at work and your life at home – you can’t be in two places at once, but you can make sure you are giving 100% to the place where you are. Try to be around for mealtimes at least a few times a week – this is the place where news and views are shared the most. When you’re at home, try to focus on the tasks that need to be done and try to share both the childcare and domestic tasks equally.

“I am much stricter with my hours since returning to work. Prior to maternity leave, I thought nothing of working late or at weekends. I am still happy to stay late or work weekends where circumstances dictate it, but not as a matter of course. I am aware that if I regularly work beyond my contracted hours, I am short-changing my family and also my free time. Getting the right work/life balance means I am less stressed and more focused when I return to work the next day – which is better for me, my family and my clients.”