What a difference two years makes, sort of. The pandemic forced law firms, along with the rest of the country, to close their doors and adopt a remote-work policy in March of 2020.
Now, almost two years later, many law firms (especially the Am Law 100) are still questioning the best way to phase their workforces back into the office.
Law firms had one of their strongest financial years on record in 2021, which they credit to overhead expenses being low due to partially or fully remote workforces. Eliminating commute time to and from the office also enabled attorneys to produce more billable hours.
But a completely remote workforce has proven to be a double-edged sword. Communication, collaboration, and training can be more difficult, especially for junior associates. A lack of or limited onsite access to partners and Big Law mentors will likely have an impact on employee satisfaction and happiness. Big Law corporate culture and client perception can also be negatively impacted.
Law firms have much to consider when deciding how to restructure their workforce policies going forward. The broad consensus among Am Law 100 firms is that the future is a “hybrid” work construct, including in-office days and remote-work days.
With the hybrid model, firms can reduce their office expenses monthly and give attorneys and staff more flexibility while maintaining a cohesive, connected workforce. At least, in theory.
Questions still loom as to exactly how they’re going to pull it off and if there will be any unintended consequences. As the 2022 Citi Hildebrandt Client Advisory, published on Dec 9th, noted, “Many firms tell us that implementing a hybrid model is proving to be more challenging than operating a fully remote model.”
Hybrid-work-schedule questions that many law firms have yet to answer or develop policies around are:
How many days in the office and which ones?
Most firms said in a survey that they would like their attorneys in the office at least 3 days a week. But how to structure that remains a challenge. Should employees get to choose their days? If so, how do you get teams to work together? Should a senior associate or partner choose? Should teams rotate with other teams on their in-office days vs. remote days? Will there be employees that are 100 percent remote or 100 percent in-office, and is that fair? Firms need to consider not only what works for their lawyers and staff, but what’s best for their clients as well. Scheduling will take careful planning and perhaps some trial and error. But with attorneys and staff on board with a hybrid work schedule, firms are ready to make it work.
Will training and professional development suffer?
“The art of becoming a good lawyer and learning lawyering skills often comes from working side by side with practicing lawyers,” says Vincent McGuinness, Jr. which he points out in this Law360 Pulse article. He’s right. Shadowing is an important part of the training process for new lawyers. This is trickier when Big Law junior associates have less in-person time with senior associates and partners. One-on-one mentoring and socializing also become more difficult for young attorneys, which could stunt their professional growth and employee engagement. Am Law 100 firms, such as Arnold & Porter Kaye Scholer LLP, have developed training programs on how to maximize the benefits of working from home as well as in the office to address some of these concerns. This is an important issue for both law firms and junior attorneys to address. A hybrid schedule means training and professional development will have to be more intentional on both sides.
How will a hybrid work schedule impact attorneys’ career opportunities?
Productivity levels, work environments, and desire to work remotely vary from person to person. Some attorneys may want to return to the office full time while others might prefer to work from home full time. Is that going to be an option? If so, how will firms guard against showing preferential treatment to those showing their faces at the offices more often? A Lawyer360 Pulse + Major, Lindsey & Africa 2021 study shows there is a gender divide on desire to return to the office. The study, which surveyed over 2500 attorneys, revealed that 20 percent more men than women were “eager” or “very eager” to return to the office. If women return to the office at a slower pace and for less days than men do, will this affect their partner track or career opportunities within the firm? As long as their productivity and work product doesn’t change, it shouldn’t. But how will firms enforce that policy?
What are the cybersecurity risks associated with remote work?
Cybersecurity for a decentralized workforce is a high priority for every company. But in a business in which confidentiality is crucial, it’s even more paramount. That means getting the right technology in place, having the IT staff to manage it, and training current and incoming employees on using it. Most law firms dealt with this issue two years ago when their workforces went remote. However, a long-term sustainable solution will take more thought, a bigger investment, and constant monitoring of new threats and changes.
How will a hybrid schedule impact company culture?
Big Law attorneys are known for having high-demand jobs, which typically result in long hours and some degree of stress. The camaraderie of other attorneys in the same position, especially for young attorneys, helps bring enjoyment and socialization to the job. In addition, they learn from senior attorneys, see them work, and can picture a future within the firm. That’s harder to do when schedules are split and the office isn’t set up for full-time workers. Law firms will have to adjust their culture to fit their new hybrid work schedules and office set up. They’ll have to be conscientious about including remote workers in planned or impromptu after-hours gatherings and social events. Ultimately, the culture will have to become less about the office and more about the people.
As one mid-sized law firm discovered during their pre-pandemic transition to a hybrid work schedule, it can be done— with careful planning and attention to detail. Luckily, attorneys are good with details and committed to making hybrid schedules work for their employees, clients, and firms
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