Flexible Work in Legal: A Key to Post-Pandemic Talent Retention?

We're all painfully aware of the profound ways in which the pandemic transformed our work lives over the past couple of years.

 

Now, as the world returns to normal, a new trend is taking centre stage. Employers, not least those in the legal sector, are increasingly proposing a return to the office. But as we all know, a lot has changed. The question, therefore, is whether employees who've grown accustomed to the comfort of remote work are ready to step back into the traditional office environment.

 

Such a shift isn't just a matter of logistical readjustment; it has significant implications for one critical aspect of organisational wellbeing: staff retention. As a Consultant at Hunter Savage, managing legal and compliance recruitment, I've observed this evolving dynamic in the legal sector up close.

 

In this blog, we're going to delve into the heart of this issue, taking a look at recent trends, data, and the potential implications for both employers and employees in the legal sector. At its core, we're asking: Could flexible work arrangements in legal practice be the key to talent retention in the post-pandemic era?

 

The Pre-COVID Work Environment in the Legal Sector

Traditionally, the legal sector was largely office-based, with a majority of solicitors working in physical office environments before the pandemic. The idea of remote work was less popular, and most firms didn't provide the option for a flexible work model. According to a report named The Future Way We Work by Smith & Williamson, prior to the pandemic, over 60% of solicitors were blending remote and on-site work. However, a significant portion, nearly 40%, were working entirely on-site.

 

The primary reason behind this preference for traditional workspaces was rooted in the nature of the profession. Legal work involves dealing with sensitive information, the necessity for prompt communication, and a culture of teamwork and mentoring. These tasks were traditionally viewed as easier to handle in an in-person environment. 

 

Moreover, there were concerns about career progression. Solicitors feared that working from home could mildly or severely affect their advancement opportunities. Some were also concerned about the impact of remote work on essential aspects like training, mentoring, and supervising, especially within larger organisations.

 

However, the advent of the pandemic propelled a sudden and unexpected shift in work arrangements, steering the legal sector towards a new reality. In the next section, we will explore how the pandemic-induced changes have influenced the legal sector's work environment and the profession's future expectations.

 

The strong bias towards in-office work within the legal profession had its reasons:

• Confidentiality: Legal work often involves handling sensitive information which firms believed could be better protected within an office setting.
• Communication: Prompt and clear communication is crucial in legal work, which was deemed easier in a physical work environment.
• Teamwork: Collaborative work, such as strategy sessions and case reviews, was thought to be more effective face-to-face.
• Document Review: The legal sector often deals with a large volume of physical documents, necessitating in-office work.

 

These factors contributed to a legal work culture rooted in traditional office spaces. However, the oncoming storm of COVID-19 was about to revolutionise this setup entirely.

 

The Shift to Remote Work During COVID-19

The onset of COVID-19 acted as a catalyst, enforcing an unprecedented shift to remote work in nearly all sectors, including legal. As nations entered lockdowns, law firms and legal departments found themselves compelled to adopt a work-from-home model to continue operations while ensuring employee safety.

 

A survey by the Law Society found that, by May 2020, over 74% of solicitors in the UK were working from home, marking a threefold increase in remote work compared to pre-COVID times. The resilience and adaptability of the legal sector were put to the test as it navigated these uncharted waters.

 

The transition brought about several noticeable benefits:

• Flexibility: Remote work offered legal professionals greater control over their schedules, reducing commuting time and enabling better work-life balance.
• Productivity: Some studies found an increase in productivity as employees had fewer interruptions and could focus better on their tasks.
• Cost Savings: Firms were able to save on overheads such as rent, utilities, and maintenance for their physical offices.

 

However, the remote work model was not without its challenges:

• Communication and Collaboration: Remote work complicated coordination between legal teams and could lead to miscommunications.
• Technology Constraints: Not all firms had the requisite technological infrastructure to facilitate remote work, leading to operational difficulties.
• Data Security: Concerns around maintaining client confidentiality and protecting sensitive data arose due to varied home network security levels.

 

In an article from the Law Society, Jon Hyde, a partner at Beale & Co, observed that remote working can also lead to an increased risk of cyber fraud for firms.  Whilst Clare Hughes-Williams, partner at DAC Beachcroft also noted cases where remote work has added to daily problems with issues including failure to check documentation that partners were asked to sign resulting in regulatory investigations.

 

One of the challenges law firms face is aligning workplace structures, culture and values in way that benefits both the business and employees.

Despite these challenges, the legal sector managed to adapt and continue providing services, marking a significant shift in work culture during the COVID-19 pandemic.

 

Promoting work life balance and wellbeing is vital to all firms attracting talent.  DAC Beachcroft have put smiles on employees faces with their intranet Pets@DACB page, where employees share photos of their pets, with one of the senior partners cats making a regular appearance.  This type of activity shows the softer side of people and embraces life outside of the office.

The Emerging Trend: Return to Office

As we move towards a post-COVID-19 era, a new trend is beginning to surface within the legal sector: the return to the office. A recent survey by the Law Society revealed that over 50% of legal firms intend to bring their employees back to the office at least part of the time.

 

The reasons behind this emerging trend are multi-faceted:

1. Collaboration and Communication: Many law firms believe that in-person interaction enhances teamwork and reduces communication errors. Face-to-face meetings are viewed as more effective, especially for complex legal discussions and strategy sessions.
2. Client Services: Some firms argue that being physically present in the office can better serve clients. This includes providing prompt responses, maintaining a professional atmosphere for meetings, and having quicker access to physical documents.
3. Firm Culture and Training: Firms also worry about the potential impact of prolonged remote work on their organisational culture. They believe that office interactions are crucial for building relationships, mentoring young professionals, and maintaining the firm's ethos.
4. Data Security: The return to office is also driven by concerns about data security. Firms feel that they can better manage and control sensitive information within the office environment.

 

This trend, however, raises a crucial question: What does this mean for staff retention in the legal sector? This query becomes particularly significant when considering the preference for flexibility among many professionals post-pandemic. We will explore this in the following sections.

The Impact of Return-to-Office Policies on Staff Retention

Return-to-office policies in the post-COVID era can significantly influence staff retention in the legal sector. A recent study by the Chartered Institute of Personnel and Development (CIPD) reported a strong correlation between such policies and staff retention rates.

 

Research findings to support the connection include:
 

• 55% of employees surveyed said the flexibility to work from home is a key factor they consider when contemplating a job change.
• Legal professionals who were forced to return to the office were 35% more likely to seek a new job compared to those offered a hybrid model or remote work.

 

This data suggests that staff retention may hinge on a firm's ability to balance the perceived benefits of in-office work with the desire for flexibility among many employees. But why might return-to-office policies affect staff retention? Several reasons have been highlighted in surveys and studies:

 

1. Employee Satisfaction: Working from home has improved work-life balance for many legal professionals. They appreciate the saved commuting time and the ability to manage personal responsibilities more easily alongside their work.
2. Productivity: Some legal professionals found they were more productive working remotely, away from the distractions of an office environment.
3. Health and Safety Concerns: Even as the world recovers from the pandemic, some employees still have concerns about catching or spreading COVID-19 in an office environment.
4. Work-life Balance: The flexibility to manage personal and professional commitments simultaneously, offered by remote work, is something many employees have come to value and expect.

It's clear that while some companies are keen to return to traditional office-based work, many employees enjoy the flexibility and convenience of remote work. The challenge for law firms and legal departments will be finding the right balance to keep their workforce engaged and committed. In the next section, we will discuss potential solutions for navigating this evolving work landscape.

 

The Role of Flexible Work Arrangements in Talent Retention

In the wake of the pandemic, the concept of flexible work arrangements has gained considerable momentum. These arrangements typically involve a blend of in-office and remote work, allowing employees to benefit from both environments. Commonly known as a 'hybrid' work model, it aims to offer employees the best of both worlds: the collaboration and engagement of the office setting, along with the flexibility and convenience of working from home.

 

But why are flexible work arrangements vital for talent retention in the legal sector?

Employee Preferences: According to a Law Society survey, 65% of legal professionals prefer a hybrid model that allows them to split their time between the office and home. This suggests that offering such flexibility could make a firm more attractive to current and prospective employees, aiding in talent retention and recruitment.

 

Work-Life Balance: Hybrid models offer a better work-life balance, allowing employees to manage personal responsibilities alongside their work commitments. This balance is crucial for employee satisfaction and, consequently, retention.

 

Productivity: As discussed earlier, many legal professionals reported increased productivity while working remotely. A hybrid model allows employees to capitalise on this benefit while also availing of the collaborative opportunities of an office environment.

 

Health and Safety: A hybrid work model can also help allay any residual health and safety concerns of employees post-COVID, contributing to a sense of security and well-being at work.

By offering flexible work arrangements, law firms can demonstrate their commitment to their employees' needs and preferences, creating an environment where employees feel valued and understood. It's not about leaning completely into remote work or reverting entirely to the old ways. 

 

Instead, the focus should be on finding a balance that works best for the company and its employees, making the legal profession future-ready. In the concluding section, we'll explore how to create a successful flexible work environment.

Navigating the Future of Work: Insights from a Legal Recruitment Expert

Assessing the Current Landscape

As an experienced legal recruiter with over 17 years in the field, I've had a unique vantage point from which to observe the evolution of the legal industry, particularly in its approach to work environments and policies. The global pandemic has accelerated change, thrusting us into an era of remote work and then to the cusp of a return-to-office phase.

The One-Size-Fits-All Fallacy

In my experience, the 'one-size-fits-all' approach is no longer viable. Different firms have diverse needs, and individual employees have varying preferences. Some thrive in an office environment, while others are more productive working remotely. The challenge is in balancing these varying needs to ensure both the productivity of the firm and the wellbeing of its employees.

Employers Should: Listen and Adapt

My advice to employers in the legal sector is to actively engage with your employees. Understand their needs and concerns regarding returning to the office and consider adopting a hybrid work model as a potential solution. This can reconcile the necessity for in-person collaboration with the employees' desire for flexibility and a healthy work-life balance.

Implementing a Successful Hybrid Model

To successfully implement a hybrid model, ensure clear communication, well-defined policies, and suitable infrastructure. Importantly, strive to foster an inclusive culture where both remote and in-office employees feel equally valued and integrated.

Employees Should: Communicate Openly

To the employees, I urge you to initiate open discussions with your employers about your preferences and concerns. This period of change is an opportunity to shape your work environment in a way that best suits your productivity, wellbeing, and professional growth.

Looking Ahead: The Future is Flexible

The future of work in the legal sector, much like many other industries, is looking increasingly flexible. The pandemic has shown us that we can adapt to different ways of working. Now, we must leverage these learnings to create a better, more flexible, and supportive work environment. It's a challenging journey, but with active dialogue and thoughtful implementation, it's a step towards a future-ready legal profession.

 

Flexible work arrangements are increasingly becoming the preference among legal professionals. By offering such flexibility, law firms can maintain a competitive edge in the talent market in the post-pandemic world.

 

At Hunter Savage, our aim is to guide individuals and firms through this transition, leveraging our extensive market experience and deep sector insight. Whether you're a professional considering your career options or a firm strategising to attract and retain top talent, we're here to assist you in navigating this new era of work.

 

Remember, the future of work is not something that happens to us - it's something we can shape and influence. 

 

For more information, or to have a confidential chat about our services or roles currently hiring, please contact me via the information below:

 

Email: nikki@huntersavage.com