Last month, I wrote an article about how some law firms may reopen their offices as soon as they are legally able to do so, even if it may be safer for people to stay home. Many law firm managers are likely upset that they have to pay high rents for offices that are not occupied and may also think that returning to the office may lead to greater collaboration among employees. However, perhaps the biggest reason why many law firms might be looking to reopen their offices as soon as possible is because productivity and billing are down at many firms due to the COVID-19 pandemic. Some managers may think that employees will work more efficiently and bill more hours if they return to offices. Nevertheless, there are many reasons to believe that forcing employees back to offices too soon may not increase productivity, and managers should not rush to reopen workplaces for the sake of productivity.
One of the biggest reasons why returning to offices may not increase productivity is that employees need to waste time commuting to offices when they can log onto work almost instantly at home. In many metropolitan areas, it regularly takes an hour or more to commute to the office and to return home after the workday. In addition, many public transportation options have been curtailed because of the COVID-19 pandemic, which can lead to even longer commutes and many headaches for people who do not have alternative transportation.
Although attorneys and staff can perform some work tasks while commuting, it is nearly impossible to conduct most legal tasks while in a car, train, or bus on the way to work or back home. As a result, by forcing employees to return to their offices, firms are likely eliminating several hours a day that attorneys are able to bill and be productive. As such, keeping people at home may actually increase the amount of billing opportunities available to employees and lead to a higher productivity level than can be achieved in the office.
Another reason why forcing employees back to the office may not improve productivity is because this might increase stress levels in an already difficult time for most people. It is safe to say that life has become much more complicated over the past several months than it was before the pandemic. For instance, many people need to arrange childcare and oversee schoolwork in ways they did not need to before schools and childcare programs were closed. In addition, it is much more difficult for people to obtain goods and services due to social distancing guidelines. Requiring attorneys to come to work in this environment may drive down productivity, since this may impose an additional burden on many employees. Allowing workers to stay at home may afford the flexibility people need to satisfy all of the responsibilities they must fulfill in their private lives and bill the most amount of hours possible.
In addition, forcing people back to offices may decrease productivity because morale may be impacted by this move. Individuals are justifiably concerned that returning to work puts them at a greater risk of being exposed to COVID-19 than if firms just continue stay-at-home procedures. Even if employees themselves are healthy and are unlikely to develop complications from COVID-19, it is possible that they live with people who may have issues or visit regularly with such individuals. No one wants to work hard for a firm that seems like it is putting productivity over the health and welfare of employees, and allowing attorneys and staff to work from home might boost morale and productivity. In addition, forcing employees back to offices most likely increases the chance that workers will be exposed to COVID-19, which could lead to substantial interruptions and may greatly affect the productivity of infected employees and anyone who might have been in contact with them.
Of course, there are situations in which reopening offices may increase productivity among attorneys and staff. For instance, some attorneys and staff may not have a good home office available and can be more efficient if they come to work to conduct tasks. In addition, some employees may want to come to the office in order to get away from kids that may distract them from conducting work at home. Still others genuinely like going to the office in order to see colleagues and be social, and this can increase their morale and productivity.
Many firms in the New York and New Jersey area (where I practice) have begun making a return to the office optional, which has been welcomed by numerous associates. So long as being in the office is truly a choice, and there is no pressure if employees stay home, this can allow associates to make informed decisions about how they can be most productive. However, forcing many attorneys and staff to work in an office full time right now might lower productivity, since it may increase stress and decrease the time employees have to work on matters.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.