This is part one of a two-part series. Please visit part two, New Year, New Rules- Does Return-to-Office still Matter to Law Firm Leaders, for insights on mentorship, personal connections and how to attract and retain talent.

Originally published in The Legal Intelligencer

Reality: The 80-hour in-office work week has gone the way of the rotary phone. Lawyers and professional staff alike are refusing to be bound by hard-and-fast rules chaining them to their desks. This shift was inevitable—and the pandemic accelerated it to a whiplash pace. In response, the majority of today’s leaders are defaulting to what they know best—providing decisive advice and practical solutions to sticky problems. After all, these are the skills that make them successful in their role as counselors. Return-to-office, however, is a complex situation. There is no single solution.

In the return-to-office conversation, several perceived “truths” about the value of being in the office have become core to the discussion and a source of debate. These include:

Unless we go back to the office we can’t …

  • Cultivate our culture

  • Provide the right development and mentorship

  • Develop and enhance personal connections

  • Attract and retain talent

While there is some truth behind these reasons, collectively, there is little evidence to support these myths outright. They are emblematic, instead, of a perpetual tendency as an industry (and, perhaps, as people) to hold on to the past as the best indicator of future success. Each idea has merit, yes, yet each also holds an alternate reality—one where law firm leaders can find and profit from embracing remote work by learning new ways to lead and engage.

We can’t … cultivate our culture.

FALSE.

Common cultural traits of law firms do pose challenges to hybrid work models and return-to-office, but not in the way one might think. Culture is an impediment less with respect to remote work and more in how it prevents those within law firms from embracing change, growth and new ways to approach old problems. Though likely not an exhaustive list, the following are some of the most obvious deterrents to adopting alternative workplace models:

Perfectionism—cultural assessments of law firms reveal a prevalence of perfectionism, characterized by an intolerance for even small mistakes and a celebration of working long, hard hours. This embrace of perfectionism, in turn, stifles innovation making the idea of experimenting with different hybrid models distasteful to most.

Metrics-driven—as metrics-driven organizations, law firms’ focus on billable hours and originations often overshadows individual growth and talent development. Performance management structures and professional development lag behind changing talent demands and needs, focusing almost exclusively on legal skills and not nearly enough on the tools and skillsets to foster personal and professional growth of oneself and others.

“Show me” cultures—lawyers often look for proven track records and demonstrated success. It is this core belief that hinders many an innovation or growth initiative. With remote work, there truly is no road map. There is no clear “winner”—the best model will be the one that works best for an individual firm and its people.

Clients trump talent—the emphasis on external perception over internal satisfaction continues to prevail, despite a dramatic shift in power dynamics across the industry. With talent setting new standards, some at the top are judgmental of the requests being made (going so far as to suggest talent demands have come “back down to earth”) and applying blanket interpretations on the work ethic of new generations. (Ironically, data from Georgetown Law and Thomson Reuters indicates associate hours are the ones that remained highest and most consistent over the past decade.) The association of remote work and boundaries with less work persists despite data to the contrary.

Views of effective leadership—historical perspectives on what makes an effective leader— assertiveness, confidence—are no longer reflective of the types of leaders people seek out and value today. As openness, vulnerability and authenticity take root over tough exteriors, certain people are slow to adapt, perpetuating promotion of leaders who lack the qualities and characteristics that will enable them to successfully shepherd a multi-generational firm through challenging and changing times

With these fundamental cultural deterrents to change, it is no wonder law firm leaders are struggling to guide their firms and people to embrace new ways of working—whether within or outside of a physical office environment. The question law firms should be asking themselves right now about culture is not “how do we maintain our culture” but rather “what culture do we want to maintain”—or, more poignantly, “what culture do we aspire to and how do we get there?”

Fortunately, cultivation of a culture remotely is not only possible, it is potentially more powerful. For the first time in a long time, culture is getting the attention and focus it deserves. The intentional and deliberate actions by law firms—reviewing and revising processes and policies, offering increased training in nonlegal skills and focusing on activities to engage and enhance cultural experience—are elevating the attention and importance of culture in a way past evolutions haven’t. As talent continues to wield its power, remapping the law firm landscape, law firms can tap into several approaches to cultivate culture in a remote world.

How to cultivate culture remotely:

Tangible representations—most firms have what culture experts call artifacts, physical representations of culture. These might take the form of dress codes, art in the lobby, hard wood versus modern décor and more. In a remote environment, physical representations are equally powerful. At home, these may be objects such as coffee mugs, wall décor, notepads, etc. Equally powerful will be digital representations. Branded Zoom backgrounds, intranet design, branded communications can be artifacts as well, signaling the unique values of the firm.

Collisions—in an office, “collisions” are those situations where you inadvertently bump into someone whether in the hallway, elevator, coffee station or, yes, bathroom. While there is no way to replicate these collisions one-for-one, digital workspaces and communications tools are beginning to offer similar opportunities. A virtual “watercooler” room where people can jump in during a 15-minute coffee break to encounter others is one example.

Integrate aspirational values—culture is ever-evolving and garnering more attention than ever. While many organizations have identified a set of core values, not all are living them. Look for ways to incorporate a value into each virtual meeting. For example, add a “culture moment” to the agenda where you invite each member to share an experience related to a core value (e.g., for a core value of client-focused one person may share how they went out of the way for a client; for entrepreneurial another may share an innovative project; etc.).

Other ways to incorporate core or aspirational values is in how one operates—running meetings, communicating with teams, kicking off new matters. For example, try making it a habit to have a weekly meeting with the team dedicated exclusively to catching up on one another’s personal lives. These do not need to be lengthy—just honored and respected. Belonging cues—belonging cues are the subtle, often unconscious, messages people send (or receive) that invite inclusion and signal a welcome environment. Common examples include eye contact, smiling, inviting someone into a conversation, greeting someone as they enter the room. In a hybrid world, belonging cues look similar, however, a few new habits can add to the efficacy.

For example, for physical cues such as facial expressions, videos are a must. On phone calls, be mindful to address each person as they join and throughout the conversation. If hybrid meetings take place, institute a policy where those present can not continue the conversation after those on the phone have left. While it sounds draconian, feelings of exclusion and disconnection are real and can undermine the very foundation of culture and inclusivity: psychological safety.

Of course, knowing how and when to incorporate these ideas takes time and a bit of practice. The leadership traits most useful in cultivating culture in a hybrid model may not be those in which today’s lawyers and professionals are most facile. Fortunately, the collective experience of the past three years has pushed even the most reluctant in the right direction. To effectively make headway in maintaining and evolving culture in a hybrid world, leaders (aka anyone in a law firm who manages others) can practice and embrace habits to:

Model and normalize vulnerability—be courageous in acknowledging an answer is not available, recognize the difficulties of complicated decisions, offer stories about when it did not work out as expected.

Personalize interactions—take an interest in people’s lives outside the office, create space for teams to engage with one another on a personal level.

Adopt a growth mindset—celebrate mistakes as learning opportunities, take responsibility for a wrong choice on the path to making the right one, acknowledge the potential in people Culture has been central to the return-to-office conversation. It is not, however, the only contributor to resistance or area in which leaders must focus to effectively transition to a new workplace model. The three others referenced above—providing the right development and mentorship; developing and enhancing personal connections; and attracting and retaining talent are equally vital. Briefly, a preview of how these claims against remote work stack up:

Provide the right development and mentorship:

TRUE and FALSE (i.e., It depends).

Development and mentorship can be done remotely—sometimes even better than in person. However, both the teacher and the learner need to pivot to make it work.

Develop and enhance personal connections:

FALSE, BUT,

In-person interaction is part of the human connection and there are vast generational differences at play.

Attract and retain talent:

FALSE.

It’s about fit, just as it has always been, yet there are generational realities and preferences law firms can ignore only at their own peril.

Look for a continued discussion of ways to make return-to-office work in future articles. Disclaimer—all anecdotes reflect the themes and sentiments shared in dozens of conversations. None are directly attributable to a single individual.

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