This article originally appeared in ALM’s Law Journal Newsletters October 1, 2024, here.

 

 

The shift back to in-office work presents a significant challenge for large law firms that have embraced remote work over the past few years. According to our recent survey, the vast majority of firms already had an RTO policy in place by 2023; however, also at that time, compliance was at an all-time low where firms reported a shocking 94% of their attorneys were not compliant with policy.

 

In 2024, while many firms are improving these numbers and getting their attorneys back into the office, a small number of attorneys resist, and the question is how to get the resisters to comply with policy. Whether it’s because of lease obligations, mentorship, culture, or all of the above, firms have turned up their efforts to get their attorneys back into the office.

 

Increasingly, firms are getting serious about enforcing compliance through punitive measures—here are some of the most newsworthy steps firms are taking:

 

  • Bonus cuts:  Several Big Law firms have gone the way of either cutting bonus pay for associates and partners or publicly taking into consideration bonus cuts to incentivize more time in the office.[1]
  • Job loss or loss of partner track: Repeated failure to comply with RTO policies may lead to job loss at some large firms for lower-level associates or threats of not staying on partner track.[2]
  • Reducing or eliminating remote privileges: Several big-name firms are even backtracking their previous embrace of flexible work policies and now embracing a culture of punishment to enforce compliance.[3]
  • Increased oversite:  Some firms have taken the tack of increasing oversight of their attorneys from sending monthly reports tracking i-office attendance, holding check-ins with non-compliant attorneys, and issuing warnings from practice group leaders or firm leadership.[4]

 

It all comes from the top down, of course, which is why some firms are toying with the idea of creating rules around partner time in the office as well[5], but this remains to be seen.

 

Firms should be aware of the risks, however, as the most recent Law Firm Culture Survey from Major, Lindsey and Africa shows that attorney satisfaction with law firm culture is down.  A majority of lawyers surveyed believe their firm’s culture has changed for the worse. About 52% of respondents said they felt the culture shift at their firm was negative, while 48% said positive. That feeling could be due to several factors, including ‘transitioning from COVID lockdown to return-to-work,’ the report stated.

 

As talent retention continues to be both a challenge and strategic priority, declining sentiments about culture if related to in-office requirements should be addressed.

 

How can firms improve on these declining sentiments?  Here’s an exploration of more positive methods large law firms can leverage to enforce RTO policies and the disciplinary measures being taken against non-compliant employees.

 

A Focus on Workplace Experience

 

The workplace has to be a better experience than working from home to offset the time and inconvenience of the commute. This has been going on for some time in other industries and has seen a significant uptick in law firms post-Covid and in a survey at a C-level roundtable earlier this year, we found that of firms that have implemented workplace experience, those respondents were unanimous that workplace experience improves office culture, attracts talent, and differentiates their brands.

 

Flight to Quality + Collaboration

 

Organizations have been slowly shifting their real estate spend, reducing 13% of real estate square footage overall, but many taking advantage to upgrade their spaces to Class A buildings and focusing the downsizing on the amount of space per professional while increasing focus on new workplace trends are emerging, including increased collaboration spaces, wellness and diversity programs.

 

Strategic Communication and Policy Clarity

 

Effective enforcement of RTO policies begins with clear and strategic communication. Leading firms provide detailed explanations about why a return to the office is necessary, outlining the benefits such as enhanced collaboration, mentoring, and overall productivity. Clear communication helps align employees with the firm’s goals and reduces resistance.

 

Emphasizing the Value of In-Person Work

 

Firms are stressing the value of in-person work, such as increased collaboration, improved team dynamics, and better mentoring opportunities. Highlighting these benefits can help employees see the return to the office as a positive change rather than an inconvenience.

 

Utilizing Technology

 

Technology plays a vital role in facilitating a smooth transition. Advanced tools for video conferencing, digital collaboration, and hybrid meetings ensure that both in-office and remote workers can collaborate effectively. This technology mitigates potential disruptions and supports a seamless integration of office and remote work.

 

Employee Engagement and Feedback

 

Successful enforcement also involves engaging employees and addressing their concerns. Many firms are actively seeking feedback on the RTO process and making adjustments based on this input. This approach not only addresses individual concerns but also fosters a sense of involvement and cooperation among staff.

 

Leadership and Accountability

 

Strong leadership and accountability measures are critical for effective enforcement. Leaders at successful firms are modeling the expected behavior by adhering to RTO policies themselves and setting clear expectations for their teams. Accountability is reinforced through regular monitoring and feedback mechanisms.

 

Conclusion

 

Large law firms are successfully enforcing return-to-office policies through a combination of clear communication, flexible work arrangements, and robust health and safety measures. By leveraging technology and maintaining strong leadership, these firms are making the transition smoother for their employees. However, enforcing compliance also involves implementing disciplinary measures for those who resist. Through a balanced approach that combines incentives with accountability, firms can navigate the complexities of returning to the office while maintaining productivity and morale.

 

[1] Big Law Bonuses Hold Steady But Come With More Strings, Bloomberg

[2] Associates Apparently Won’t Have Jobs For Long If They Don’t Return To The Office, Above the Law

[3] Cravath Backtracks Flexible Work, Above the Law

[4] Top 50 Law Firms Cracking Down on In-Office Attendance, Above the Law

[5] Biglaw Firm’s Leader Thinks Partners Need To Return To The Office To Guide Associates Back, Above the Law