The Ten Commandments of Teleworking

• Publication year: 2016
• Pages: 0025
• Citation: Vol. 22 No. 2 Pg. 0025

The Ten Commandments of TeleworkingVol. 22 No. 2 Pg. 25Georgia Bar JournalOctober, 2016

The Ten Commandments of Teleworking

Telework is one of the most popular types of alternative work arrangements among lawyers. Employees who feel they would be most productive in a telework environment should pay heed to the following commandments.

BY LEANNA BANKESTER PITTARD

Teleworking, also called telecommuting or flex-place, "can mean working from home full time, or working from home only one or two days a week, with the remainder of the week spent in the office."^[1] Telework is one of the most popular types of alternative work arrangements (AWA) among lawyers,^[2] but it is not for everyone. Some simply prefer an office setting; others, for one reason or another, cannot successfully manage a telework arrangement.

"To help assure that the firm maximizes each lawyer's potential, lawyers need the option to decide where they can be most productive."^[3] Employees who feel they would be most productive in a telework environment should pay heed to the following commandments.

1. Exercise self-discipline.

The single most important factor to a productive telework arrangement is the exercise of self-discipline. To decide whether telework is for you, do some critical self-evaluation:

• Do I have good time management skills and the ability to set clear priorities?

• Am I willing to sometimes work when a manager or coworkers are not in the office to complete a project, or to work longer days? Do I have the competence and confidence to make sound business decisions without the input of others?

• Am I able to function with limited or no supervision? Am I trustworthy? Can I self-direct?^[4]

If you answer yes to these questions, you may find that telework is a good fit for you and a significant step toward much desired work/life balance. Self-discipline includes: (a) creating a distraction-free environment, which is important to employers and clients, and (b) monitoring your work hours, which is important for you and your loved ones.

Creating a Distraction-Free Environment

Set yourself up to succeed by creating a distraction-free environment. It need not be large, but you should allocate a dedicated space in your home that will allow for quiet and focused work. Remember that telework is not a substitute for child or other dependent care.^[5] You cannot take care of another person for any length of time while teleworking any more feasibly than you could if the person were sitting in your office building. Secure adequate and reliable dependent care before transitioning to telework, and inform your employer of the arrangement. In addition to your regularly scheduled caregiver(s), create a backup network and "obtain as much assistance as you can from family, friends, and household employees or services."^[6]

Distractions such as social media and general web browsing are temptations for anyone with a phone or computer, whether off-site or in the office. But if you are liking, posting, pinning, tweeting, Instagramming and setting your fantasy football lineup while teleworking, you are doing yourself a disservice, and you risk leaving behind a time-stamped trail of activity that your employer might discover. Clearly you cannot separate yourself from your phone for any length of time as a teleworker, but therein lies the danger. Eliminate these production killers, even if it means removing certain applications from your cell phone.

Monitoring Your Work Hours

Telework often means more flexible work hours, which can be a blessing and a curse. The positive aspect is that it allows for the work/life balance so often lacking in law practice. The negative aspect is that, left unchecked, your work hours can consume your nonwork hours, leaving you with no start and no end to your day. This is particularly true when a teleworker has a reduced or compressed hours arrangement. Many teleworkers with such an arrangement complain of "part-time status but full-time work."^[7]

Even if your employer does not require it and your time is not billable, keep up with your work hours. When establishing the number of days or hours you will work each week or month, remember to account for a "reasonable number of nonbillable hours that can be allocated to administration, continuing legal education, and similar matters."^[8] Determine with your employer how prolonged periods of "schedule creep" will be compensated. For instance, will the extra hours be banked for additional compensation or time off?^[9] Keep in mind that additional compensation should be only a temporary solution;^[10] the real goal is a reduced and/or more flexible schedule.

2. Be highly accessible.

One concern employers might raise is whether they will be able to reach off-site workers when they need them. As telework advocate Nicole Belson Goluboff assures employers, "If you have hired the right lawyers, properly equipped them and trained them to use their technology, they can—and will—always "˜be there' for you."^[11]

Because your primary sources of communication are likely telephone and email, it is critical that you answer calls and return messages almost immediately during working hours. Since telework often provides for more flexibility in hours, it may be encouraging to everyone involved if you establish "core" hours or days when everyone knows you will be at your desk and available for meetings.^[12] If someone tries to reach you and finds you unavailable, your absence is more understandable if it is outside those core hours.

If you propose a telework arrangement and your employer voices concerns over availability, suggest that he or she keep track for a week of what percentage of time he or she gets a live response from an inoffice worker.^[13] It will likely be less than a third of the time.^[14] "There's a myth of constant accessibility" of on-site workers that is not necessarily true.^[15] Challenge yourself to be even more available remotely to those in-office as the person physically sitting in the office next to them.

At times, telework may actually be critical for continuing operations, such as emergency situations, inclement weather, unexpected office closings or even a pan-demic.^[16] In fact, all federal agencies have been required by law to have teleworking policies in place since 2000.^[17]

3. Put your telework agreement in writing.

A telework contract can clarify expectations, identify performance indicators and eliminate misunderstandings down the road.^[18] The agreement does not have to be lengthy or overly formal. The agreement might include the anticipated duration of the arrangement (even indefinite), hours and office schedule.^[19] Some organizations require the reason for the request.^[20]

The agreement should "specify the criteria that will apply to promotions of lawyers on alternative schedules."^[21] AWAs are great in that they "allow lawyers to further their careers at a different pace,"^[22]but you should know from the outset if and how the arrangement might affect partnership, retirement or other goals. This is particularly true if the telework arrangement includes reduced hours. Some firms are open to a new status for lawyers short of full equity partnership, including "non-equity partner," "senior attorney," "staff attorney" or "of counsel."^[23]

Take advantage of performance reviews or evaluations to discuss your telework arrangement. If your firm or office does not have reviews or evaluations at regular intervals, it is all the more important for you to speak up if, for example, you are not receiving appropriate assignments or your working hours have consumed your non-working hours.^[24]There may be no way for your employer to know about such issues unless you tell them. On the flip side, remember that organizations have the right to terminate an alternative work schedule as well.^[25]

4. Be flexible.

The ultimate goal for everyone involved is to produce excellent work for your firm or company and its clients. Sometimes this may require coming into the office or, like any other attorney, returning phone calls and emails and working during your typical nonworking hours.^[26] Just as you request flexibility of your employer and coworkers, you must be flexible yourself. If these instances become too frequent and the arrangement becomes unsatisfactory, speak to your supervising attorney or office manager. "Expect to do some adjusting at the outset and as often as necessary."^[27]

Deborah L. Rhode, in a report prepared for the American Bar Association, gave these tips:

• Demonstrate flexibility and commitment.

• Do not make unreasonable demands, but do not settle for unreasonable responses.

• If your initial request or arrangement is unsuccessful, try to develop a constructive alternative.^[28]

5. Be effective and reliable.

Some employers are hesitant to allow AWAs due to their concern over how much work will actually be done when the employee is...