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Stephen Embry
Dealing with the Remote Work Conundrum: Six Best Practices
By Stephen Embry
Certainly, law firms have been grabbling with this thorny issue of remote work for some time. And policies have been in flux as the pandemic ebbed and flowed. Also, the increased legal workload and shortage of lawyers to handle that load may have forced firms to somewhat reluctantly throw in the towel. They began to let lawyers and associates work where and when they wanted. But when the hot legal market began to cool, firms began to do an about face and require lawyers to be in the office, at least some of the time. But should that be certain days of the week, like Tuesday through Thursday? Should it be every day? Should it be left to the discretion of individual lawyers? Practice groups?
“Management needs to think carefully about why and when it wants lawyers in the office and why lawyers, particularly younger lawyers, so embrace remote work.”
It is hard to believe that remote work is not here to stay. As the pandemic made clear, technology allows lawyers to work remotely and be just as productive, if not more so, than working in the office. And there are clear benefits, at least to lawyers, from working from home. A good policy takes into account firm needs, firm culture, and the needs and wants of its lawyers. So, any analysis of remote policies should start with management appreciating the new reality. Management needs to think carefully about why and when it wants lawyers in the office and why lawyers, particularly younger lawyers, so embrace remote work.
Six Tips for A Sound Remote Work Policy
So, given all this, what should a firm do? Here are some suggestions:
1. Make sure you have a good reason for demanding associates come to the office. Don’t just make them be there to be there. Have structured training programs on in-office days, for example.
2. Allow associates to have some choice and control about returning to the office. Most will make the right decisions; if they don’t, weed them out. After all, firms have little trouble weeding out associates who don’t fulfill other work obligations. Most associates have not gotten where they are because they need close monitoring to prevent sloughing off.
3. Place more control with practice groups and individual partners leading case teams. They know best when the work requires people to be in the office.
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Law Practice Management