Since its introduction, largely as a result of Covid-19, remote working, which has now largely evolved into hybrid working, has undoubtedly altered the functioning of law firms on a quotidian level, introducing the potential for a host of new, dynamic and disruptive business models that are set to re-shape the way the legal sector functions. All that is left to question is whether these digitised changes are for better or worse.

Remote working and its surface benefits at a glance;

As most readers will know, remote working is a highly flexible arrangement where employees can complete work outside of their physical office. Instead, their workload is completed digitally, either through the use of email, cloud technology or, for interpersonal actions such as meetings, virtual meeting software.

This working arrangement is highly conducive to benefits such as reduced travel to work costs, a better work-life balance, both as a result of a reduced travel time, and greater freedom of movement, such as the ability to work in exotic and interesting locations (a practice known as digital nomading). 

On the company or firm side, advantages take the form of increased employee satisfaction, productivity and retention, as well a reduced costs from office resources and services, such as stationary and clearning. The retention component is particularly important in today’s talent war, where retaining newly qualified lawyers is particularly difficult.

On both the employee and employer side, these benefits come, of course in different corresponding measures, regardless of whether this remote working is permanent or temporary (meaning that there is a hybrid arrangement between working from home and working in the office).

Remote working in the context of the law;

In 2021, a third of UK firms expected their staff to be working outside of their office for two to three days a week – today legal jobs with ‘remote work’ set out in their title are a common category on job boards, and large firms, such as Shearman & Sterling, have instituted fully remote programs for whole legal department. These seemingly titanic changes in firm work models are strong indicators that remote legal work is not only here to stay, but is likely to be an increasing aspect of legal service provision in post Covid-19 pandemic world. 

Challenges to the remote working model in the context of the legal sector;

As aforementioned remote work is very much a post-pandemic convention. It is true that prior to the pandemic remote work was occasionally used, such as cross-continent consulting, where lawyers might advise on deals or negotiations that are occurring far afield, via email, telephone or virtual meeting. This was admittedly not uncommon. For example, it was a frequent occurrence for large commercial firms based in the city of London to perform due diligence on a companies’ actions in indo-china under instruction from public companies based in New York or California in preparation for an acquisition. However, many facets of the legal sector saw little to no remote working opportunities. Of course, some of this was the result of inertia and stagnant traditionalism. This being said, many legal practice areas saw a necessary reticence for remote working not just out of a client based disinterest, but also realities that made it difficult for them to utilise remote working to a great extent if at all. While the pandemic force some of this reticence to be overcome by sheer pragmatic necessity, some practice areas still struggle to accommodate remote working.

Chief among these is litigation, particularly evidence heavy or emotive litigation, such as that seen in criminal law or, to a lesser extent, family law. While some ligitation and court hearings can be conducted digitally over functions such as Zoom, Microsoft Teams or other specialist software, many instances require an in person appearance. This is particularly the case where physical (non-document) evidence must be considered, something that does not lend itself well to digital presentations. This is because 3D, multifaceted and complex evidence is not easily reduced to a 2D medium and can lose much of its weight, impact and resonance when accordingly reduced. A litigating lawyer or other legal practitioner may also find it difficult to interact with such a category of evidence without the benefit of being in person. Additionally, in the case of emotive trials, where powerful opening and closing arguments are conducted there will always be a difficulty in reproducing their effect in a digital setting, due the removal of factors such as body posture, specific eye contact and in room ambience & atmosphere.

All this being said, many practice areas, indeed the overwhelming majority, can and do make use of remote working. Those legal practice areas, litigation heavy and others, that struggle to fully utilise remote working can do so some of the time, if not all of the time. Furthermore, clever and innovative ways to overcome those extant barriers to remote working in certain legal practice areas are sure to emerge as remote legal software improves and users gain more experience with this mode of work.  

How to best make use of remote work;

Properly utilising remote work is not best achieved through a one-size-fits all shoe approach, but rather a doctrine of firm and practice area specific adjustment. Some, arguably rare, law firms may be able to have their lawyers come in not all or sometimes at rented locations, forgoing a physical firm altogether. This, for example, might be best achieved through a barristers set of chambers, where they, the barristers, are instructed by solicitors and so only need to make use of courts, in appearance, or in the instructing solicitors’ office for crucial meetings. 

Alternatively and conciveably more commonly, given the numbers imbalance between solicitors and barristers in the UK, most firms willy likely ask or permit their legal staff to come in when necessary or preferable and otherwise allow them to work from home, when practicable. This might be enforced in the form of a strict policy with clear-cut and defined rules or it may be ad hoc and left up to the discretion of a given employee. 

In either case, for a firm to use remote work properly they must lay down the proper infrastructure and invest in the correct remote working legal support software. Infrastructure, here, refers to hardware, which simply means ensuring employees have devices that are suitable, in terms of capability and law firm cloud security, for remote work. This will necessitate buying a powerful enough device and, in the latter case of cloud computing data security, having a device that can correctly mesh with document management security network.

In terms of the software, the remote legal practice software, a wise firm shot-caller would ensure to select a comprehensive and fairly priced package of legal software programs. This package should be designed or adjusted to fit a work model that works best for the given firm’s set up and needs. The legal software for home use, should be adaptable and dynamic. If it was not compatible or ideal in its original form, or if the firm model changes, then it should be capable of adjustment and evolution to suit the firm’s direction.

This can only really be achieved from a legal software solution, when it is managed by a dedicated team, willing and able to fine-tune the practice management system to fit a legal practice’s needs. An excellent example of such a legal tech Saas provider is Good Law Software that provides a bespoke, firm-focused and effective software package. 

References:

[1] ‘Law firms in the era of remote working’, at https://www.ibanet.org/Law-firms-in-the-era-of-remote-working

[2] ‘The six key business benefits of remote working’ at https://www.oneadvanced.com/syssiteassets/resources/advanced_whitepaper_remote_working_benefits.pdf/

[3] ‘Law firms must drive social change or lose the talent war’ https://www.legal500.com/fivehundred-magazine/interviews/law-firms-must-drive-social-change-or-lose-the-talent-war/

[4] ‘Current and Future Trends in Remote Work’, at https://www.businessnewsdaily.com/8156-future-of-remote-work.html

[5] ‘Is the ‘remote work window’ about to close?’ at https://www.bbc.com/worklife/article/20220519-is-the-remote-work-window-about-to-close

[6] ‘UK probes tax status of remote workers’ at https://www.ft.com/content/9127a574-6e89-4f51-9105-1885303819d2

[7] ‘Working remotely for your UK employer while overseas’ at https://www.litrg.org.uk/tax-guides/employment/working-remotely-your-uk-employer-while-overseas

[8] ‘From remote work to business transformation’ at https://www2.deloitte.com/fi/fi/pages/human-capital/articles/From-remote-work-to-business-transformation-what-is-really-happening.html

[9] ‘Remote workers: Getting it done through digital transformation’ at https://www.the-future-of-commerce.com/2022/02/14/remote-workers-digital-transformation/

[10]  ‘Lean Out: Employees Are Accepting Lower Pay In Order To Work Remotely’, at https://www.npr.org/sections/money/2022/07/12/1110510488/lean-out-employees-are-accepting-lower-pay-in-order-to-work-remotely