Next Phase, New Challenges: Navigating “Reopened” Office Life

Law firms and legal department leaders are tackling the novel difficulties of the “new normal” 

The legal sector led the race back to the office this year: occupancy rates for law firms were up to 56% by July, compared to 34% of sectors nationwide during the same period. 

Managing partners at some of the nation’s top law firms and tech general counsels were among the first leaders promoting 100% vaccine compliance for their employees. But after a hopeful spring and early summer, the plans of many organizations were upended by the surge in Delta variant cases.

In this uncertain environment, firms and companies are revisiting their policies for bringing all employees back.

Ensuring a safe return — for everybody?

One of the greatest challenges employers face in 2021 is determining if the work-from-home experiment will continue after the threat of COVID-19 decreases. Most thought that would happen when most Americans became fully vaccinated, but the rise of the Delta variant is prolonging the timeline. Many of the nation’s largest law firms have pushed back their firmwide return-to-work dates by months, with some not planning to fully reopen until November.  

Getting people back to the office has required law firms and legal departments to establish protocols for mask-wearing, social distancing, and vaccinations. The majority of law firms surveyed by American Lawyer require that all personnel be fully vaccinated to work in their offices. Law firms must now contend with tracking the vaccine status of their employees, handling potential objections to mask and vaccine mandates, and ruling on medical and religious exemptions.

Leaders are also discovering that many employees are reluctant to return to the office full time. And even after what most agree was a successful transition to working from home, the future of remote work as a viable option for all lawyers remains controversial.

The issue creates some internal conflicts within law firms and corporate legal departments of “traditional” industries. The challenge for these organizations’ leaders is to craft a hybrid solution that works for the firm or department without alienating current employees and hurting the chances of attracting talent in an increasingly competitive job market.

The complexities of a hybrid solution

For firms and legal departments choosing to adopt a hybrid model, experts recommend proceeding with care. Allowing lawyers the flexibility to select their days onsite may seem like the best way to proceed, but there can be advantages to limiting choices. If possible, maintaining a standard schedule for all (for example, requiring everyone onsite Tuesday through Thursday) can eliminate questions of fairness and encourage cultural cohesiveness.

Navigating the politics of a hybrid office can be difficult for employees. Some experts believe that remote work creates an unfair advantage for those who spend more time in the office, allowing them access to greater promotion and mentoring opportunities. This could adversely affect the career paths of women and minorities in particular, who have been opting to work remotely in higher numbers than their white male counterparts.  

In two recent ABA reports, female lawyers documented the barriers for advancement faced by women and minority lawyers—obstacles exacerbated by the pandemic. In addition, a report by Catalyst, a global non-profit thought leader on women in the workplace, found that 45% of female business leaders find it difficult for women to speak up in virtual meetings, and 20% of women felt ignored or overlooked by coworkers on video calls.  

Hybrid organizations should monitor their lawyers’ promotion and pay data to ensure those who choose to work remotely aren’t getting left behind. Other ways to support remote workers include making diversity, equity, and inclusion initiatives a core part of the organization’s culture and proactively creating mentorship opportunities for individuals working remotely. It’s also essential to make training and continuing education opportunities available to all, regardless of where they work.  

Keeping up with the competition

Decisions about reopening, implementing mask and vaccine mandates, and hybrid work models will dominate leaders' attention this fall and winter. Meanwhile, there is a talent war escalating throughout the legal sector. 

Virtual interview sessions and limited opportunities for onsite visits have complicated hiring for candidates and their potential employers. Pandemic-related restrictions and the competitiveness of the job market can shortcut the process and force quick decisions. And some leaders worry that remote employees may be less culturally tied to their organizations and more vulnerable to being “poached” by competitors. Leaders also worry that not allowing lawyers to work remotely will cause the organization to lose talent. 

How firms and legal departments navigate their personnel issues can influence their attractiveness to top-tier job candidates. 

This year is providing new challenges but not uncommon ones. Leaders must adapt, and they may take comfort in knowing they are far from alone in this struggle. 

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