Kara Sears
The COVID-19 pandemic has had a significant impact on the legal industry, with many law firms forced to close their offices and adapt to remote working. As the pandemic has evolved, law firms have been considering how and when to safely reopen their offices. In 2020, some law firms in the US advocated to be among the first industries to reopen. By 2022, several Biglaw firms had announced plans for a full return to the office in January of that year, with some implementing a phased approach to reopening. Law firms in the UK have also been bringing people back to the office gradually, with a focus on flexibility and integrating remote working. As law firms reopen, they are navigating new ways of working and reevaluating their technology strategies, support services, and health and safety protocols.
| Characteristics | Values |
|---|---|
| Reopening rationale | Managers may believe that reopening increases efficiency and revenue, and boosts morale and culture. |
| Timing | Law firms may wish to reopen as soon as legally allowed, but this may pose health risks. Some firms are reopening too soon. |
| Health and safety measures | Social distancing, frequent hand washing, use of hand sanitiser and disinfectant wipes, mandatory mask-wearing, and regular cleaning of frequently touched surfaces. |
| Travel | Air travel for firm reasons must be pre-approved. International air travel requires a 14-day self-quarantine upon return. |
| Visitors | Outside visitors, including clients, should be limited to those necessary for client service. |
| Meetings | In-person meetings are discouraged. Necessary in-person meetings should be held in large rooms with participants seated at least six feet apart. |
| Remote work | Many firms are adopting remote work and hybrid models, with only 10-15% capacity in the office. |
| Vaccination | Law firms can require mandatory vaccination if job-related and consistent with business necessity. |
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What You'll Learn
Law firms' reopening strategies
Law firms have been forced to close their offices during the COVID-19 pandemic, with lawyers and administrators adapting to working remotely. As restrictions ease, law firms may be eager to reopen their physical offices. However, it is important to carefully consider the timing and strategy for reopening to ensure the safety and well-being of attorneys and staff. Here are some key strategies for law firms to consider when planning their reopening:
Assess the Need for Reopening:
Law firms should evaluate the necessity of reopening their physical offices. If operations can continue effectively with remote work or social distancing measures in place, there may be no rush to return to a traditional office setup.
Follow Government Guidelines:
Stay informed about health and worker safety guidelines provided by government agencies. Adhere to state and federal regulations and recommendations regarding office reopening, including any specific advice for law firms.
Implement Safety Measures:
Prioritize the health and safety of your staff and clients. Ensure proper physical distancing within the office, encourage frequent hand washing and hygiene practices, and provide necessary protective equipment like face coverings. Establish cleaning and disinfection protocols, especially for frequently touched surfaces.
Manage Traffic and Visitors:
Establish a one-way traffic flow within the office, using signs to guide people and maintain distance. Limit outside visitors, including clients, to those who are absolutely necessary for in-person services. Encourage the use of virtual meeting platforms, such as Skype, even for those in the office, to minimize physical interactions.
Travel Protocols:
Establish clear protocols for firm-related travel. Require pre-approval for air travel by a designated partner or director. Implement a mandatory self-quarantine period upon return from international travel to minimize potential exposure.
Training and Communication:
Ensure that all firm members are trained on health and safety practices, including social distancing, hand washing, and mask-wearing. Establish clear policies regarding vaccinations and communicate any mandatory vaccination requirements to employees, ensuring compliance with business necessity. Address concerns and provide clear explanations of health precautions to both firm members and clients.
Embrace Flexibility:
Recognize the benefits of remote work and consider integrating flexible work arrangements into your long-term strategy. Many employees appreciate the flexibility, and remote work can enhance productivity and work quality.
By carefully considering these strategies, law firms can develop a thoughtful and safe approach to reopening their physical offices while prioritizing the well-being of their staff and clients.
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Safety measures and restrictions
As states and counties lift restrictions, law firms are developing strategies for reopening offices after weeks of remote working. However, reopening is not as simple as it sounds, and there are many intricacies and safety measures to consider before employees return.
Firstly, employers should consult the General Guidelines for a complete list of infection prevention measures. These guidelines provide recommendations regarding employee training, washing facilities, and personal protective equipment (PPE). Employers must also comply with federal Occupational Safety and Health Administration (OSHA) rules. OSHA has developed standards that apply to the COVID-19 pandemic and any process of reopening businesses, including the General Duty Clause, the Personal Protective Equipment (PPE) standards, reporting requirements, and having an infectious disease plan.
In addition to these measures, law firms should also consider the following safety measures: social distancing, the use of masks and gloves, plexiglass dividers, temperature checks, bathroom and cafeteria limits, and frequent sanitization. They should also encourage workers to bring any safety and health concerns to their attention.
Furthermore, it is important to consider the impact of reopening decisions on the firm's culture of diversity and inclusion. Law firm leaders must consider how to support and maintain a culture of inclusivity when deciding when to reopen the office and who should return. This includes providing mental health and coaching resources for attorneys and staff throughout all phases of the pandemic response.
Finally, even with all these protective measures in place, it is important to remember that nowhere will be 100% safe from the virus until there is a vaccine or cure. Therefore, employers should proceed with caution when reopening their offices and continue to follow local and state guidelines.
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Remote working and flexibility
The COVID-19 pandemic forced many law firms to close their offices and adapt to remote working. As restrictions ease, law firms are considering how to balance health and safety with business needs. While some firms may be eager to reopen their offices, others recognize the benefits of remote working and are embracing flexibility.
Remote working has been successful for many law firms, with staff able to work effectively from home. This has led to a shift in mindset, with firms realizing that staff productivity and work quality can be maintained regardless of location. As such, some firms are choosing to continue remote working arrangements or adopt a hybrid approach.
Law firms are also recognizing the importance of flexibility in recruitment and development strategies to attract and retain talent. The pandemic has enabled firms to virtualize back-office services and build platforms that offer greater flexibility. This includes utilizing technology for virtual meetings and collaboration, reducing the need for international travel and commuting.
However, some law firm managers may believe that reopening offices is essential for increasing efficiency and morale. They may also feel that returning to the office is beneficial for employees, providing a sense of favor or making it easier for them to perform their jobs. Additionally, paying rent for unused office space during the pandemic may have been challenging for some firms.
As law firms consider reopening, the safety of staff and clients remains a top priority. Firms should refer to guidance from health and worker safety agencies to develop safety plans, including social distancing, hygiene practices, and mask-wearing. Vaccination policies should also be considered, with law firms having the option to require mandatory vaccination if job-related and consistent with business necessity.
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Staff vaccination requirements
As law firms consider reopening their physical offices, they must balance the health and safety of attorneys and staff with ongoing business needs. This includes implementing safety plans that adhere to government guidelines and recommendations.
Regarding staff vaccination requirements, law firms should review and update their policies in light of COVID-19 vaccine availability. While vaccination mandates may be controversial, law firms can generally require mandatory vaccination for employees if it is job-related and consistent with business necessity, such as safety-related precautions. This approach ensures that the firm prioritises the well-being of its employees and clients.
Firms should communicate their vaccination policies clearly to their staff and address any concerns or questions that may arise. It is essential to provide information about the vaccine's safety and effectiveness and explain how vaccination contributes to a safer work environment for everyone. Additionally, firms should be prepared to accommodate medical or religious exemptions and offer alternatives, such as regular testing, for employees who cannot or choose not to be vaccinated.
To facilitate a smooth transition, firms can encourage vaccination by providing incentives or perks for vaccinated employees. This could include offering paid time off for vaccination appointments or creating a incentive program that rewards employees who get vaccinated. Furthermore, firms should establish procedures for verifying vaccination status, such as through vaccination cards or digital records, and ensure that this information remains confidential and secure.
Overall, while requiring staff vaccination may be a divisive topic, law firms have a responsibility to create a safe work environment. By encouraging vaccination, implementing flexible policies, and prioritising the well-being of their employees, firms can effectively navigate this complex issue and foster a healthier workplace.
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Reopening dates
The COVID-19 pandemic forced many law firms to close their offices and promote social distancing. As states began to reopen their economies and relax restrictions, some law firms were eager to reopen their offices. However, it was recommended that lawyers and staff continue working remotely to minimise health risks.
Law firms in the UK are slowly bringing people back to the office at 10-15% capacity. In New York, the New York State Bar Association pushed for law offices to reopen before other non-essential businesses.
There is no urgency for law firms to reopen their physical offices if they are functioning well remotely or with strong social distancing measures in place. If a law firm decides to reopen, it must prioritise the safety of its staff and clients. This includes implementing safety measures such as social distancing, frequent hand washing, regular cleaning and disinfection, and the use of face coverings.
Law firms should refer to guidance from health and worker safety government agencies and adapt to the ever-changing legal requirements and guidance from national, state, and municipal levels of government.
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Frequently asked questions
Law firms began reopening in June 2020, with New York City law firms allowed to reopen their offices with restrictions.
Many law firms fully reopened in January 2022.
Local governments ensured compliance with safety measures, such as physical distancing, the use of protective equipment, and the provision of cleaning services and health information to employees.
The pandemic has led to a shift towards greater agility and flexibility in law firms, with a focus on integrating remote working and virtualizing back-office services.
