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The COVID-19 pandemic has forced many law firms to close their offices in order to promote social distancing and slow the spread of the virus. In order to maintain operations remotely, numerous lawyers and administrators at many law firms have adapted to conduct legal tasks from home. As most states begin to reopen their economies and relax restrictions related to COVID-19, law firms may wish to reopen their offices as soon as they are legally allowed to do so. However, even if firms are permitted to open their offices, it might be wiser for lawyers and staff to continue working remotely. In fact, many tech companies have already announced that work-from-home plans will continue at least until the end of the year for health reasons. Based on my own past experiences at several law firms, however, it seems likely that some shops will move to reopen their offices too soon, even though this may pose health risks and practical concerns.
Law firms may wish to reopen their offices as soon as possible for many reasons. Numerous law firms have seen a precipitous decrease in billing as a result of the COVID-19 pandemic, which may be partially due to stress and inefficiencies associated with working from home. Law firm managers might think that bringing attorneys and staff back to the office may increase efficiency, which might accordingly lead to an increase in revenue produced by a shop. In addition, some old school managers may think that bringing people back to the office is important for the morale and the culture of a firm. Also, it must be maddening for many law firm managers to pay substantial sums of money on rent even though only a small amount of essential employees have been in the office lately. Moreover, some law firm managers may think they are even doing employees a favor by reopening their offices and making it easier for many to do their jobs.
Employees at numerous law firms can likely use past experiences to guess whether their bosses will force them to come back to work while the pandemic is ongoing or whether workers will be permitted to work from home for the foreseeable future. For instance, in the New York and New Jersey area, how a firm acted during Superstorm Sandy may be a good predictor of whether bosses will force people to return to the office during the COVID-19 pandemic. During Superstorm Sandy, I fortunately worked at a firm that had excellent remote work systems and compassionate leaders who did not want to risk anyone’s health or safety by forcing people to return to the office too soon. It was a struggle for us to conduct work from home during this time, but the firm let everyone work from home for weeks after Superstorm Sandy. By the time the office was reopened, mass transit had been restored, and life had largely returned to normal.
However, I know some attorneys who worked at firms that were not compassionate during Superstorm Sandy. Some attorneys needed to find creative ways to trek to work during this time because they were forced to show up at the office, and public transit options were knocked out for weeks after Superstorm Sandy. I even heard of a few firms that forced employees to return to work after Superstorm Sandy even though their offices did not have heat! Associates and staff were told to just bring extra layers of clothing and space heaters if they were cold, and had to muscle through the discomfort. I am willing to bet that the same firms that forced people to return to work despite transportation difficulties and heating issues after Superstorm Sandy will also force workers to return to work while the pandemic is ongoing.
Moreover, I am sure that all of us have worked at firms that have had different policies abut office closures when there is inclement weather. For instance, I once worked at a firm that had a “one-snowflake rule,” meaning that the firm would close its offices whenever there was even the slightest amount of snow. The boss really cared about his employees, and he had to drive a decent distance to get home, so the office was always closed when there was snowy weather or even the threat of inclement weather.
However, I have also worked at firms that almost never closed their offices during inclement weather. Presumably, these managers knew how revenue could drop if offices were closed, and they forced everyone to brave dangerous conditions to make it home. I remember one time, a few staffers had to stay at the office well into the night before heading out because they were not allowed to travel home when the inclement weather began. I am willing to bet the same firms that refuse to close their offices because of stormy weather will also resist efforts to keep offices closed because of COVID-19.
In any case, law firms should seriously consider closing their offices well past when safer-at-home orders are eased, or at least give employees the legitimate option to stay at home if they wish. If firms have not implemented systems that allow employees to be just as efficient at home as they are in the office, that is usually a problem with how the firm is managed, and this can be fixed in many situations. In addition, it is possible that firms which reopen their offices soon after natural disasters or refuse to close during inclement weather are going to be the same shops that reopen their offices too soon during the COVID-19 pandemic.
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.