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Lawyers as Members of the New “” By Beth Cody Are Lawyers And Law Firm Staff Members Lawyers Are Considered “ Part Of The Creative Class? Workers” Who Are Working Within The Creative Class. In The Rise of the Creative Class: And How It’s Transforming Work, Leisure, Community “Knowledge worker,” a term coined by and Everyday Life, author Richard Florida in 1959, is one who works identifies a growing population of today’s primarily with or one who working professionals who work smart, develops and uses knowledge in the work creatively, and who want—and get—a workplace. The increasing need for an creative lifestyle that goes beyond work. academically capable workforce has made it so knowledge workers now outnumber all Dr. Florida, a social scientist and other workers in North America by at least of Public Policy at George Mason University, a four to one margin. believes that this creative class is a key driving force for economic development of A knowledge worker’s benefit to a company post-industrial cities. Dr. Florida defines could be in the form of developing business the “Creative Class” as a master class that intelligence, increasing the value of is comprised of two unique groups: creative , gaining insight into professionals and knowledge workers, customer preferences, or a variety of which has been expanded to include other important gains in knowledge that financial planners, doctors and lawyers. aid the business. In return, knowledge workers differ from other types of workers This creative class now comprises about in that they require different management 12 percent of all U.S. . This group techniques to improve their performance contains a huge range of occupations— and productivity. They also differ in their e.g., architecture, education, sports—with motivations, attitudes, and need for traditionally creative occupations in the autonomy. arts, design and media making up only a small subset of the new creative class. Knowledge workers, as members of the larger creative class, are believed to Florida’s social theories have provoked produce more when they are empowered debate, as his work proposes that an make the most of their deepest skills. emerging class made up of knowledge Since they can often work on many projects workers, and various types at the same time, they intuitively know of artists is a rising economic force that how to allocate their time and their efforts is causing a shift away from traditional are further enhanced through soft factors agriculture- or industry-based economies. such as emotional intelligence and trust. Further, his concept is controversial Organizations that are designed around the because it reshapes people’s thinking knowledge worker are thought to encourage about class. self-organization, networking, and sharing www.lawfirmstaff.com Continued on back 175 South Lake Ave Suite 200 Pasadena, California 91101 United States tel: 213. 895. 7300 or 800. 717. 6671

of information. Thus, they are not organized “creative class.” Unlike artists, for instance, around the old “command and control” who are obviously included, lawyers seem hierarchy of yesterday’s businesses. to be included because they work in a knowledge-intensive industry that also Is The Law Firm Community, By Its Very requires a great deal of creativity. There is Nature, Failing To Attract The “Creative no doubt that lawyers contribute a certain Class,” Or Losing It By Virtue Of The amount of creativity and innovation to the Constraints Of Law Firm Life? jobs they perform and the clients they serve. However, since attorneys are also knowledge Members of the creative class, including workers, they have many responsibilities to knowledge workers, “have a life.” In other their tasks and to their that may words, although its members are project- conflict with their creative nature. focused, they do not hesitate to pursue jobs that interest them. They are not afraid to For instance, filling out time sheets and hop around a bit, as they are not looking accounting for every six minutes of every for a life-long with a multinational work day does not feel, for many members corporation. Instead, they are artists, writers, of the knowledge worker or creative class filmmakers, entertainers, and other creative population, like an environment in their professionals who work within a wide range talents can flourish. The highly structured of knowledge-intensive industries, such environment of most law firms is largely as high-tech sectors, financial services, (but not solely) focused on inputs, outputs, the health care professions, and business efficiency and streamlined costs, not management, and the law. necessarily on key values or achieving the best result. I believe that, in large part, the Florida notes that, “Creative people trade “billable hour” type of servitude is a drain their ideas and energy for money. But they on the capacity of “creative class” types. also want the flexibility to pursue things I don’t believe that this will necessarily that interest them on terms that fit them. discourage people from going to law school, Thus, they trade security for autonomy, and as most people applying to law school have conformity for the freedom to move from little clue as to the realities of this “billable to job and to pursue interesting projects hours” lifestyle. But as soon as newly- and activities. The shift to self-motivation minted attorneys get a taste of working and personal autonomy in the workplace under a billable hour regime, they will run is bound up with the fact that we no longer from law firm life. take our identity from the company we work for, but find it in the kind of work we do, our When young associates join a firm, they profession, our lifestyle interests and the discover that the workload does not decrease community we live in.” as they move up the ranks into partnership. In contrast, they are still under the same It is interesting that Florida includes those pressure to bill hours and yet have the in the legal profession as members of this added pressure of bringing in new clients. www.lawfirmstaff.com Continued 175 South Lake Ave Suite 200 Pasadena, California 91101 United States tel: 213. 895. 7300 or 800. 717. 6671

This quickly detracts from ability of many working in law firms, who are really part of young associates to “see themselves” being the so-called “creative class,” truly thrive and happy as partners, and causes them to re- contribute to the best of their abilities given focus their direction to considering a career their billable hour quotas? In other words, change. At the end of the day, these young do the time constraints they face inhibit people want a life that combines dynamic them from thinking innovatively and creating work with the ability to have a vibrant better ways to add value to their clients? personal life. The idea of “making partner” I feel that in law firms—albeit not all law is no longer a carrot for the creative class. firms—there is an overwhelming tendency to measure and assess performance using To escape the pressure of the billable hour, the yardstick of billable hours. But by using in the past, many lawyers have sought in- this method, the traditional law firm could house jobs. These jobs, which once required be losing passionate and self-motivated merely “regular hours,” are now no longer performers who don’t need constant free of the requirement to put in very intense supervision. And this could be providing a amounts of hours. Many in-house attorneys disincentive for innovation. The best lawyers end up working crazy hours and complain seek to strategize and understand the road that they still don’t have a life. Despite this, that a client issue will likely want to take. though, they do delight in the freedom that Then, they look at the cost and strain of they feel from keeping track of their time. litigation—from their own perspective and During the mid to late 90’s, some of the best from the point of view of the client. They positions for lawyers were in-house counsel also look at the impact that the cost of jobs in start-up companies. But these jobs their services will have on the client. They are (and always have been) few and far consider the chances of getting a favorable between. They are often held by lawyers result, in whatever form that may mean for with quite an appetite for risk, and many in- their client. And they weigh the fact that house jobs were padded with stock options “winning” on paper is not always winning in that never proved to be profitable. While terms of getting what is best for the client. In many attorneys who continued to work in the sum, attorneys as members of the creative billable-hour environment would dream of class ultimately look for a truly favorable these jobs, many wouldn’t leave the security result—financially, emotionally, spiritually, and relative stability of large law firm life to and personally, both for themselves and for take such a risk. their clients. They know that their client can “win” in litigation, or get a “good” settlement, Conclusion. or get what any number of lawyers would deem a “favorable result,” and still have It seems to me that it is becoming more paid dearly for the whole process, and still common for people with law degrees to have to face the process of re-building after choose alternative legal . This begs the process has taken its course. If there is the question: Can lawyers, particularly those a “creative class” of lawyer, in my opinion, www.lawfirmstaff.com Continued on back 175 South Lake Ave Suite 200 Pasadena, California 91101 United States tel: 213. 895. 7300 or 800. 717. 6671

these attorneys have much to offer their foster the kind of fluid, open, and supportive clients and the legal community at large, environment these attorneys need to rise to but the billable hour requirement does not become their best selves.

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