By Gene Commander
Gene Commander, Inc.
While the story is familiar, the statistics remain startling: Employees’ time spent working remotely in the U.S. catapulted from 0.4% in 1965 and 5% in 2019 to 60% when the COVID-19 pandemic struck — and recent data suggests Americans now work about 30% of their days at home.
Workers across industries — including in law firms — are adamantly demanding remote work options. In the recent State of the Law Firm Survey in Colorado, more than 54% of respondents agreed or strongly agreed that flexible remote working policies were a significant factor in their choice of firm. Although few law firms have embraced a fully remote work model (which is broadly viewed as a risky proposition), firms have widely adopted a hybrid business model in which employees work some days in the office and others from home or another comfortable location.
Meanwhile, law firms nationwide and in Colorado are facing a dwindling supply of affordable and productive talent due to a suite of mounting demographic, economic and professional trends. Because hybrid work options figure prominently in the competition to attract and retain talent, it’s critical for law firms to implement a hybrid model that addresses talent’s demands while also fulfilling client expectations and maintaining profitability.
Notably, fully remote and hybrid work preferences depend partly on demographic characteristics. Women and people of color, for instance, tend to more highly value the ability to work at least partly from home. And according to research from Stanford University, employees in their 30s and 40s prefer remote work at higher rates than workers under 25 and over 55. As the face of the legal profession becomes increasingly female and diverse, and as younger talent replaces retiring baby boomers, law firms should be mindful of the varying views on hybrid work throughout the talent pool.
Given the crucial role of remote work, what key strategies should law firms employ to get their hybrid models right? This article highlights three critical considerations: (1) fostering a magnetic and communicative workplace culture; (2) strengthening opportunities for professional development; and (3) embracing a continuous learning approach to sustain a prosperous hybrid workplace. A common thread linking these considerations is intentionality: a commitment to thoughtfully implement practices and policies that are carefully tailored to the challenges and opportunities posed by hybrid workplaces.
Fostering a Magnetic and Communicative Culture
Although recent Gallup data shows that employee engagement is in fact often higher in a hybrid work model than in a fully in-office model, the potential remains for miscommunication to occur and for some out-of-office staff to feel excluded or even penalized. To succeed in retaining productive talent, a hybrid workplace culture should prioritize inclusion, fairness, trust and connection.
Many time-tested practices for communication and team building are even more critical in a hybrid environment and should be recognized by all leaders. Ensuring regular communication and setting clear and fair expectations for employee conduct both in and out of the office should be at the top of the list.
When establishing communication practices and expectations, law firm leaders should head off the potential for misunderstandings that can arise with remote communication. Certain types of discussions, including those that are complex or address sensitive topics, are best conducted through “rich media” such as in-person meetings or videoconferencing. Routine matters can be handled quickly via “lean media” like emails and text messages, though phone conversations are still an efficient and dependable way to provide the additional context that will enhance the exchange of nuanced concepts. Employees should be counseled to use the tool most appropriate to the situation, rather than defaulting to their personal preference. In a similar vein, supervisors should strive to flexibly employ the communication practices and technologies that work best for the employees they supervise.
Setting thoughtful communication norms can help build a sense of belonging and inclusion in a hybrid setting. For example, leaders should strive to provide remote participants equal air time and an equal footing by asking remote participants to speak first or by arranging for all participants — even those on-site — to attend meetings via computer. Leaders should also be mindful that some employees are uncomfortable speaking up remotely, perhaps due to the inherent difficulty in reading social cues online.
Strong communication practices can go a long way toward creating a magnetic workplace culture, but law firm leaders should still do more. Firms should provide engaging opportunities for gatherings, including frequent social events, to make up for any loss of connection and trust stemming from reduced in-person contact. Surveys have found that the top reason employees are drawn to the office is the chance to work and socialize face-to-face with others. Many law firms foster such opportunities by agreeing upon certain days of the week — such as Tuesdays, Wednesdays and Thursdays — when employees must be in the office. By cultivating connection in this manner, law firms can enhance trust and create a workplace culture where employees truly want to be.
Strengthening Professional Development Opportunities
Studies indicate that some workers miss out on professional development and career progression opportunities when working from home. A 2023 study found that younger, female engineers were less likely to receive feedback from supervisors if they were working remotely. Similarly, it’s been found that women working remotely feel less comfortable than their male counterparts about asking follow-up questions. Proximity bias — the tendency to reward those who are physically closer — also can impact career development.
Leaders should embrace an intentional approach to mitigating these risks. And it should be top of mind for supervisors to ensure that hybrid workers receive equal opportunities for professional growth, benefit from robust feedback and are not perceived as less deserving of opportunities and promotions. Promotions should be thoughtfully awarded based on performance to lessen the potential for a remote work penalty arising from proximity bias. Leaders should also invest substantial time and resources in training less experienced colleagues, whether they are working from home or in person. Moreover, with some clients themselves choosing to go remote, firm leaders should redouble their efforts to ensure younger lawyers have ample opportunity for face time with clients.
However, there should be a two-way street for less experienced hybrid workers. It is incumbent upon this cohort to take greater initiative when working from home given the more limited in-person time they can spend with seasoned attorneys from whom they can learn. Younger talent should double down on their time and effort devoted to building relationships, networking and seeking feedback from more experienced colleagues.
Mentoring and sponsoring relationships in a hybrid work model also benefit from additional intentionality. Clear expectations should be established at the outset of the relationship. The mentor and mentee should set a regular meeting schedule that respects the preferences of both participants, and they should maintain regular communication to sustain trust and confidence. In addition to meetings, impromptu communication should be encouraged, and progress toward career goals should be tracked through formal firm processes and informal check-ins.
Embracing a Continuous Learning Approach
The complexities of hybrid models call for law firm leaders to embrace a continuous learning approach in evaluating how hybrid work is working. In the current uncertain labor market and economic setting, law firms’ and employees’ needs are ever shifting, so an iterative process is imperative. A continuous learning approach requires leaders to be open to learning in public. As McKinsey & Company puts it, “a test-and-learn mentality and a spirit of co-creation with employees are critical to getting these changes right.”
The hybrid workplace model initially should be informed by a thoughtful analysis of employees’ needs using tools such as interviews and surveys to identify arrangements that will best support productivity. Then, law firms should regularly collect feedback to determine whether the model is working well for employees. Firms should also carefully consider whether the model is meeting client expectations.
A Harvard Business Review article recommends leaders evaluate the effectiveness of their hybrid options by assigning ratings to key challenges implicated by such workplace accommodations — communication, coordination, connection, creativity and culture — and proactively address these issues using a four-step process: (1) evaluate how the hybrid work model is succeeding with respect to each challenge; (2) analyze the reasons for each low score; (3) identify specific action steps to make improvements in each area; and (4) implement changes in accordance with a clear timeline. Then, a realistic schedule should be established for regularly repeating the evaluation process going forward.
Looking Ahead
Hybrid work levels are expected to climb in the years ahead. Because hybrid models are here to stay, it’s essential for law firms to identify the hybrid formula that best meets the needs of their talent and clients.
Colorado law firm leaders who cultivate a magnetic and communicative hybrid workplace culture, who tailor their professional development practices to a hybrid environment and who embrace a continuous learning approach will find they can successfully position their firms to attract and retain highly productive and engaged talent in the years to come.
– Gene Commander practiced construction law with small, midsized, regional and national firms for more than 40 years. He formerly served as managing shareholder in Polsinelli’s Denver office and currently serves as an executive business counselor for the legal and construction industries with a special focus on business growth strategies for Colorado law firms. He can be reached at [email protected].