Smart IT means flexible work but long hours, Society study finds

Smartphones and tablets are encouraging a culture of long hours in the legal profession, a study by the Law Society of Scotland has found.

While the latest technology also permits more flexible working, allowing men to be more involved in childcare at home, the gap between those prepared to work additional hours and those who would rather not is widening rather than narrowing.

The findings are included in a report published today, Perceptions and Impacts of Working Patterns within the Legal Profession in Scotland. The in-depth research behind the report is the latest follow-up to the Profile of the Profession study carried out in 2013, which examined a range of equality and diversity issues across the profession in a major exercise.

Based on group and telephone interviews of solicitors, covering the experiences of those working full time, part time, condensed hours and from home, the new report concludes that a “culture of extensive overtime has become endemic across the profession”.

It states: “Technology was seen to contribute to this increased workload. In particular, smartphone devices with push technology activated was seen as a significant driver of additional hours and a reduction in an acceptable work/life balance.

“Solicitors reported persistently receiving emails outwith office hours, along with an expectation, both by clients and their firm or organisation, that they will respond instantly. Feelings of not being able to switch off and being permanently tied to the office were commonplace.

“Whilst there were advantages discussed in relation to the impact of technology, most individuals of all grades and working patterns highlighted the challenges and negative impacts this had brought to the profession.”

However, the report added that technology, such as video technology and the ability to access files remotely, also created efficiencies and accommodated greater flexible working patterns, which encouraged staff retention and a more motivated and productive workforce.

On men taking a more active role in childcare, it found: “Even when part time working is not required, men with young families appreciate the ability to get home in time to spend some time with their children and then, if required, start work again in the evening. New technology allows this flexibility.”

Neil Stevenson, director of representation and support at the Society, explained: “We wanted to test whether technology was helping create a more level playing field for those working flexibly or on reduced hours, or whether it was helping the ‘alphas’ in the profession, whether male or female, work even longer hours.”

He highlighted some examples of best practice in the report, such as introducing an on-call system so that all solicitors did not receive calls from clients; providing the right equipment to facilitate home working; managing workloads so that neither full nor part time staff were overloaded; liaising with part time staff when organising meetings and training; and, partners setting an example by also working flexibly.

Mr Stevenson added: “It’s evident that the huge change in technology and access has not always been fully supported by training, support, and guidance on working practices. Feeling constantly on call is now a key cause of stress in the profession, and may not even be what clients or employers really intend.

“It is worth all employers regularly discussing how the most intrusive aspects of technology can be reduced. Many of the ideas in the report are worth exploring further and would not necessarily have significant cost implications.”

An article on the report is published in this month's Journal.