Post pandemic it is clear working from home in the legal world is becoming more normalized. For the single or solo practitioner this is a logical and cost-effective shift. Hearings, mediations and even client meetings are being conducted virtually with greater frequency. But, what about lawyers that work for big firms - and more particularly new associates? I work for a large firm and many of the shareholders frown upon walking past an associate's vacant office during working hours, even if said associate is working from home. Shareholders explain that when an associate is new, showing face is the best way of getting work and for being mentored.
Conversely, while starting out one's legal career being physically at the office may be adviseable, what about the premise that virtual work enables established attorneys to retire later? ABA has reported that 87% of lawfirms are now permitting attorneys to work remotely. With this flexibility, attorneys are no longer forced to remain in the state or jurisdiction in which they are licensed. Many mediators I have spoken with explain that they can be at their vacation homes and conduct mediations. One shareholder explained he was able to continue working well past his planned exit date because of the ability to continue working virtually.
While about one third of practitioners report they primarily work from home, another third remains working in the office. The trend of virtual and hyrbrid legal practice options do not appear to be regressing many years post pandemic and while we may never return to fully and physically to the office, the virtual and hybrid options certainly seem to create options for a better quality of life - something the legal profession can certainly use more of.
Jonell, you wrote that "With this flexibility, attorneys are no longer forced to remain in the state or jurisdiction in which they are licensed." This isn't true everywhere and wasn't true in Florida until February of 2022.
ReplyDeleteBefore that, The Florida Bar considered it to be both unethical (and even criminal) for an out of state attorney to live in Florida but continue to practice law in the state where licensed. It was considered a ULP (unlicensed practice of law) violation.
This affected me and I had to hire a former Bar staff attorney to represent me (at a cost of many thousands of dollars) to convince The Florida Bar that I should be allowed to continue my Michigan family law appellate practice from my home in Florida.
We were successful. However, I had to agree not to represent Florida residents even if their case was entirely in Michigan. As many of you know, lots of people in the Midwest relocate to Florida and their divorce cases, including post judgment child-related issues, continue in the original jurisdiction up north. This didn't seem fair to me, but I had no choice but to accept that restriction.
After the 2022 rule change (URL below), that restriction seems to no longer apply, but I continue to turn down Florida residents with Michigan cases to avoid creating a possible issue with The Florida Bar.
https://www.floridabar.org/the-florida-bar-news/court-sets-rules-for-out-of-state-lawyers-who-work-remotely-from-florida/
Many other states have what is called a "bona fide office" rule and will not let a lawyer without an office and license in the state do any legal work there, even if on a matter confined to a different jurisdiction in which the lawyer is licensed. It is a ridiculous and antiquated rule, but true mobility for lawyers in terms of where they are licensed and where they reside does not yet fully exist.
Here is more information on the uncertain ability of lawyers to live in a state where they are not licensed and do remote work on matters originating in a state where they are licensed. It is quite a mess.
Deletehttps://www.hinshawlaw.com/newsroom-newsletters-lln-multistate-analysis-of-ethical-rules-governing-attorneys-working-remotely.html
Brian Tannebaum mentions the Hinshaw firm in his book and suggests that lawyers subscribe to its newsletter on ethics and malpractice issues.
An increasing acceptance of remote work certainly sounds appealing to me since I have my other career to juggle. This may make it easier to seek to do legal work after graduating and passing the Florida Bar. However, it remains to be seen whether any fields of law or firms would be willing to work around my other full-time job. If not, creativity and developing my own practice may be the way to go. Or perhaps even an alternate, creative way to utilize my legal education!
ReplyDeleteI never thought about the retirement changes that have occurred with firms becoming more accepting of remote work. I would assume that the mediators you mentioned who work from their vacation homes are probably happier overall than they would be if they were forced to work in person every day. As for shareholders wanting to see new associates in person, I would suggest that the shareholders allow the associates to work remotely on certain days of the week as a compromise.
ReplyDeleteCovid made us rethink work. My professional friends are rejecting job offers because they require them to work from the office a couple days a week. With the growing opportunities for membership in the laptop class, I am curious to see how the next generation views the concept of "work."
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