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More attorneys are looking for part-time options than there are jobs available. And coming to a firm as a lateral in a part-time capacity is particularly difficult.

Traditionally, part-time work situations in the law have been seen as an accommodation for working mothers. Regardless of gender, though, firms have typically been more receptive to granting part-time status to an individual with a proven track record at the firm. In other words, part-time work options have been principally treated as an "earned privilege" for working parents.

Other professions, including accounting, have been quicker to respond to the need for alternative work situations. Deloitte & Touche, for example, has put in place a model program to promote the retention of star women in the organization. The cornerstone of their initiative has been granting flexible work options to valued members of the organization (male or female).

I mention trends in other professions because the legal profession does tend to follow the pack on management issues. In coming years, firms will increasingly adopt flexible staffing solutions to mimic what is happening in the labor force at-large (i.e. wait around long enough and part-time is likely to become a more viable option).

The good news is that you will have leverage if you are in a hot practice area. But having skills in a practice area that is in demand (i.e. real estate, corporate or IP) does not ensure that a firm will bring you in on a part-time schedule. Most firms believe that only certain types of work can be done on a less than full-time basis, such as real-estate leasing, commercial lending, securities compliance, patent prosecution, licensing or tax advisory work. These areas of practice involve few last minute deadlines and more limited and predictable client contact.

Corporate is a hot practice area. But only certain aspects of corporate practice have predictable deadlines and clients that are not so demanding. These include commercial lending, corporate compliance, general corporate advisory, and, to some extent, licensing.

In contrast, equity financings, IPOs and mergers and acquisitions are less amenable to part-time scheduling because of the closing deadlines and the likelihood that clients will want the work done right away.

In practice areas where there has been a shortage of stellar talent, firms have been willing to cut deals with lateral hires. For example, I know of several firms that have brought in real-estate laterals to fill "staff attorney" positions. These positions are considered off-track and have reduced hourly requirements. This may mean working 9 to 5 from Monday through Friday (a full-time position in the minds of the majority of the work force but an improvement for many lawyers). Some of these individuals are working even fewer hours.

Before you begin to look outside your firm, I think you owe it to yourself to further explore options inside your firm. The advantage of starting at your own firm is that you are already a known commodity. You do not have to prove yourself again. Staying put also means it can take you less effort to get what you want (don't underestimate how time-consuming a job search can be). You probably have some leverage if the firm is already happy with your work.

You might also point out in a diplomatic way that it makes much more economic sense to work with you on this than it does to spend the time and money to replace you.

Before you approach your superiors, come up with a written plan. Indicate how many hours you plan to bill, what hours you plan to be in the office and how you can make yourself available when meetings or phone calls need to happen on your off hours.

A lot of research has been done by management consulting firms that points to the correlation between flexibility/part-time work options and retention of highly paid professionals. A recent study by the Boston Bar Association (Facing the Grail -- Confronting the Cost of Work-Family Imbalance) presents a strong argument that associate retention makes good business sense. Part-time is not an option that is available to everyone. But attorneys who practice in a hot practice area and do work with predictable deadlines are most likely to find these situations.

By Steve Seckler, JD, legal career consultant, www.counseltocounsel.com

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