There is increasing pressure to scrap remote working policies because some corporate clients are ordering employees back to the office five days a week. So how can law firms, which benefit from remote working, resist the urge to follow suit?
The pandemic ushered in a sea change in attitudes to remote work. As firms and courts swiftly adopted to the online environment, remote working was heralded as the ‘new norm’. Firms began adopting flexible working policies and in 2022 the government announced it would introduce laws making flexible working a right from ‘day one’.
Businesses proudly spoke of the productivity and profits boost, as well as other benefits of remote working. But there was acknowledgement that in-person working, when safe, had its advantages. Many firms devised hybrid working policies. The general consensus remains that this combination provides an optimum environment for productivity and profitability. Although firms have had to increase enforcement around office attendance, most legal professionals would agree remote working is here to stay.
But many predicted this would not last, and they were often right. In April, JPMorgan Chase issued a five-day-return-to-office edict to managing directors. If these employees refused to follow the new mandate they could face ‘corrective’ action. What followed was internal – and international – outcry. There was pushback from staff, calling the move ‘tone deaf’ and ‘divisive’, and concerns that benefits gained through a flexible workforce would be lost. But CEO Jamie Dimon did not revoke the policy.
Goldman Sachs also issued a similar policy last year. Currently, it is the financial services sector taking a hard line on virtual work, but it would be unsurprising if other sectors follow their lead.
And this could be the crunch point for law firms. Clients want their counsel to reflect their values, ambitions and culture – and with firms wanting to remain competitive, it is inevitable they will feel the pressure to align their working practices.
If firms do decide to revoke remote working, they will not only run the risk of losing the productivity benefits but also alienate their workforce in an employee-driven recruitment market. This is all the more alarming given lawyers feel the legal industry is not doing enough for modern lawyers. In a recent Vario survey, 96% of lawyers said a traditional work week (9am-6pm, five days a week) is not fit for purpose for modern lawyers. Employees still want more flexibility, not less.
Balancing the needs of clients with those of a workforce in this respect will be incredibly difficult. At Vario, which has always offered flexible lawyers who often work remotely, our clients are already in favour of it. They have seen the value flexibility brings. They are able to access a broader talent pool and are not restricted to lawyers who live locally.
So how do you get clients to realise this value? And how can firms align with their clients and manage their uneasiness about remote working, while retaining policies for the benefit of their lawyers?
The main concerns – and how to counteract them
Collaboration. Although the sunk-cost fallacy could play a factor, a key reason why companies have introduced five-day compulsory office attendance is because of concerns that ‘impromptu meetings’ are not happening and this is harming collaboration. This is a valid concern and something many firms have grappled with. ‘Water cooler’ conversations can lead to a great idea or solution. It is also an effective way for employees to build professional relationships (and friendships) across the business and enhance a sense of belonging.
It is worth communicating how the firm collaborates on- and offline, best practice, as well as examples of the innovations and solutions the firm has introduced through virtual collaboration. This could be through conversations, newsletters, events, social media or PR.
Laziness. The attitude that remote working equals not working was not kicked into the long grass by the pandemic. Elon Musk tweeted last year that ‘all the Covid stay-at-home stuff has tricked people into thinking that you don’t actually need to work hard’. This has been disproven by countless studies – most recently Stanford University found remote work several days a month increased productivity by 77% – and lawyers will see the results they have achieved for clients. But it remains difficult to change ingrained attitudes.
It is worth investigating and taking action if such assumptions are made. Sometimes clients need to be reminded of the value of a hybrid/remote workforce. Use proof points, reflect on results and highlight the advantages of this for clients.
Development. There was an acknowledgement across most office-based companies that the pandemic negatively affected the career development of junior staff. And if a client has struggled to overcome the issues since, they may project this perception on to their law firms. Clients want the best legal expertise from private practice; that is why they have outsourced, and they may struggle with trusting junior members of staff working remotely.
Encouraging lawyers – senior and junior - to be present physically for meetings, where required, can go a long way in reassuring clients. However, if remarks are made by a client who is concerned about junior lawyers working remotely, it is important to engage and hold a conversation with them to discover the root cause of why they feel that way. Is it based on any evidence? Does the junior lawyer need to do more networking and relationship-building with the client because the client is feeling too distant? You will not know until you ask.
Regular communication, strong connections and emphasis on value to clients are ways of easing concerns about remote working, and could also help them think differently. It is important law firms do not ape their clients to the detriment of their employees.
Matthew Kay is a partner and managing director of Pinsent Masons Vario
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