In the long-winded battle against law firms' traditional hierarchical structure, some legal professionals in California say there has been progress, albeit slow progress, as firms become more aware that they need business professionals to compete in a tight legal market.

As The American Lawyer recently reported, many law firm business professionals in the United States still perceive within their firms a two-tiered system in which professional staff are seen as lesser than their attorney peers.

While the last decade has brought some changes to the dynamic, as law firms become increasingly reliant on marketing staff, legal operations specialists and other types of professionals, many still say the legal industry still has a long way to go.

"It is changing, but changing slowly," said David Bruns, director of client service at Farella Braun + Martel, a San Francisco-based midsize law firm.

Bruns started working in the legal industry in the late 1990s. He said the traditional hierarchical structure of a law firm, which is primarily dominated by rainmaking partners, seems to have gradually dissolved over the years.

"Now, I think you're seeing more teams—whether it's a client team, or an industry team, or a practice team—working together, rather than just one lawyer [saying] 'I'm going to get all the credit for this,'" Bruns said.

Bruns leads a marketing team of three people at his current firm. He said his group is working on the same floor as the attorneys, which historically hasn't been the case at firms where he previously worked.

"I think there's an evolution to realizing that we're professionals, and we bring a professional approach to whatever problem we're solving, no different than they, the lawyers, do," Bruns said.

"But I think the more we can bring to the table, whether that's through a training program, or access to information or ideas that are generated, that helps to elevate our credibility," he added.

To expand his expertise, Bruns earned an MBA in marketing at the Golden Gate University in the early 2000s.

"If you're seen as an expert in your area, you're adding value to that equation in a very different way than if you're seen as a 'nonattorney'," said Bess Sully, Sheppard, Mullin, Richter & Hampton's chief human resources officer, who is based in its Los Angeles office.

When "members of the team become true experts [in specific] areas, [attorneys] start to rely on those experts in ways that are beyond the traditional support," she added. "And you can do that by offering ideas—and innovative ideas—around technology, around recruiting, around diversity and inclusion."

Although she based in California, Sully said she regularly works with attorneys and staff across the firm's offices to come up with better solutions for the clients.

"I think there is an absolute need for different types of input and expertise. And I think some firms have recognized the need for expert work [more] quickly than others, perhaps," she said.

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Same Perks for Everyone 

In addition to encouraging more collaboration between lawyers and staff, a number of firms have also updated their policies to make sure professional staff are getting the same benefits as attorneys.

"My team supports the entire firm, whether they're attorneys or staff," Sully said, referring to the talent management and human resources team at Sheppard Mullin. The firm has also created a wellness resource group that is available to everyone, she added.

In the past, Orrick, Herrington & Sutcliffe offered less paid parental leave time for staff who were non-primary caregivers. But the firm announced this month that it had updated its parental leave policy to longer differentiate between lawyers and staff, or between primary and non-primary caregivers. All new parents get at least 16 weeks of paid leave, the firm said.

"The line between lawyers and staff is increasingly blurred as we innovate in the way we deliver our services," Laura Saklad, Orrick's chief operating officer, said in an email. "In fact, staff roles at our innovation center in West Virginia and worldwide are being transformed more quickly than [any] other talent area as we add data scientists, statisticians, legal technologists and project management expertise to the team."

Saklad said the increasing number of professionals at Orrick who do not practice law has been driven by client demand for "ever-increasing quality and efficiency." 

"I think one of the reasons Orrick has been able to be a leader on innovation is our deep recognition of and respect for the value [that] professionals of many different backgrounds and expertise bring to the table," she added.

When asked what else firms can do to improve the working conditions for staff, Bruns responded: "Rely on professional staff to be professional."

He explained further, "Let the professional staff manage what they're hired to do and empower them to do the work that they've been hired to do. Get out of their way."

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