Telework model article

1. CHICAGOLAWBULLETIN.COM THURSDAY, JUNE 7, 2012
Volume 158, No. 112
Telework models may benefit attorneys
aw is an ancient and USPTO has instituted a telework cancer, which require the love,
L time-honored profes-
sion, but it has always
looked to take
advantage of new ways
to communicate. At every point
in the history of law, from the
stone stele and clay tablets
program that has had significant
impact on employee retention. I
had the honor of discussing the
system with Sharon R. Barner,
former Commerce Department
Deputy Director of the USPTO,
now general counsel for
BY ANNE MCGOVERN
BURKHART
Anne McGovern Burkhart is a
registered U.S. patent attorney with
technical expertise in physics and
design engineering. She serves as co-
chairwoman of the Women’s Bar
compassion and flexibility of
their colleagues.
It goes without saying that
many women never return to the
profession after having children.
The reality for some attorneys
can include sick or disabled
bearing the Code of Hammurabi Cummins Inc. and a recipient of Association of Illinois’ Women With children or family members or
to e-discovery and electronic the 2011 “Women with Vision Vision Subcommittee and as a just a desire to be available after
filings in federal court, lawyers Award” from the Women’s Bar member of the board for the Women’s school for their children. Having
have adopted newly available Association of Illinois. The Bar Foundation. She can be reached come from a large Irish Catholic
technology to assist the process USPTO telework system allows at (312) 403-0123. family, I am a great fan of
of legal administration and examiners to work remotely parents who choose to coach
distribution of information. after an initial in-office period. reduces emissions by about 21 their children in sports or help
However, while more forward- Personnel are connected to one million tons every year. For just them with homework after
thinking companies have utilized another, and to workplace one day, the commuting cost for school. Telework could provide a
the advent of the Internet and databases, via a secure network. the 3,200 USPTO teleworkers solution for employers who
network computers to revolu- Employees are required to work are almost 8 million driving choose to accommodate normal
tionize the way companies do in the office only a few days a miles, about $1 million in gas and family life, while at the same time
business, for most firms the month. at least 4,000 tons of emissions allowing the firm to retain the
actual day-to-day practice of law In addition to addressing that are never put into the air. benefits of the time and financial
is archaic. Many modern busi- quality-of-life issues, the USPTO The USPTO has just about investment made in the
nesses have taken advantage of telework models have built in 10,000 employees. Imagine the employee.
the capabilities of technology to economic and environmental impact of applying those same On the flip side, the greatest
retain highly skilled workers by benefits. The USPTO program benefits to some of the about drawback of the telework model
enabling them to work remotely, has allowed the agency to 80,000 attorneys in Illinois. is the separation of the gathered
thus achieving a desirable eliminate office space for almost The USPTO telework team preparing for legal battles.
work/life balance. It is clear that 3,000 employees, saving program has already begun to Despite the enthusiasm of
the legal community needs to hundreds of thousands of dollars. have some effect on patent texting teenagers, I am a firm
look outwardly to find ways to In the 2011 USPTO Telework professionals in Illinois. The believer in the effectiveness of
meet the needs of lawyers and Annual Report, the impact of most recent USPTO telework face-to-face communication,
clients in a modern technological having almost 3,500 teleworkers annual report says the which is generally delivered with
society. working from home four to five Alexandria, Va.-based USPTO greater kindness and respect
One promising example of an days a week eliminates almost 40 had 20 employees living and than arms-length communica-
employer that hires lawyers and million miles of driving, saving at working in Illinois. The USPTO tion via e-mail or text. That
uses technology to retain highly least $5 million in gas and is expanding to its first satellite being said, the difficulties are not
skilled remotely located office in Detroit this summer. insurmountable. As USPTO
employees is the U.S. Patent and Telework With this expansion of its Trademarks Commissioner
Trademark Office, or USPTO. workforce model along with its Deborah Cohn said, “The good
The USPTO hires general could ease physical expansion, the USPTO news is we have become better
lawyers, trademark lawyers and continues to expand its tradi- communicators as a result. From
registered patent attorneys and the difficulties tional hiring methods and seek improving our intranet site, to
agents. Registration for patent out areas of the country where having regular all hands
practice requires successful associated with the resources, workforce and meetings as well as e-publishing
completion of a bar exam admin- technical expertise exist to to TMPeople and Madison
istered by the Department of career changes for permit the USPTO to do its job. Messages, we have learned to
Commerce. male and female It is inevitable that this develop- use new tools and become more
Historically, the USPTO had a ment will have an increasingly creative and energetic in
chronic problem in retaining lawyers who positive impact on lawyers engaging our employees.”
skilled patent professionals. The residing in Illinois. So, I see great opportunities to
USPTO could simply not transition in and Telework could ease the diffi- maximize the needs of practicing
compete with private industry on culties associated with career attorneys within the confines
the basis of salary and, at times, out of the profession changes for male and female that promote camaraderie and
suffered an attrition rate as high lawyers who transition in and out team success. Any improvement
as 80 percent. Despite efforts to through business, of the profession through that firms can make to accommo-
boost salaries, and even to hire
personnel with geographic ties to
nonprofits, service business, nonprofits, service in
the military or other interests.
date flexibility and incorporate
cost saving features of telework
the area around D.C., turnover in the military or Further, our attorneys models can improve not only the
remained unacceptably high. sometimes face personal battles lives of the members of the
In recent years, however, the other interests.” with medical conditions, such as Illinois bar, but also their families.
Copyright © 2012 Law Bulletin Publishing Company. All rights reserved. Reprinted with permission from Law Bulletin Publishing Company.