Remote Work and Hybrid Work Policies

Remote work has become a normalized practice for law firms in Canada in light of COVID-19. Many Canadian law firms have provided remote work opportunities even as they implement methods, such as vaccine mandates, to ensure safe workplaces in light of the pandemic. 

Hybrid work policies and return-to-work policies are starting to emerge, while recognizing the benefits that working from home offers. Remote work can allow lawyers to control their workflow, provide flexibility to work when the lawyer is most effective, and enable efficient performance. A hybrid work policy where employees are required to attend the workplace in-person a set amount of days in a week can balance the benefits of remote work with the complementary benefits of attending the office. 

Teamwork

As remote working became standard at many law firms during the COVID-19 pandemic, face-to-face meetings and the capability of informally popping-in to someone’s office to chat or ask for advice was lost. Some of these interactions could be captured through digital video conferencing platforms, but they do not fully emulate an in-person conversation. For junior associates, the ability to interact with their cohorts to discuss files and receive different perspectives may play a particularly key role in early career development. The ad-hoc office conversations that would occur in a law firm that enabled associates and partners to discuss what projects they were working on is difficult to replicate organically over digital communications. 

Remote work has presented unique difficulties in building connections amongst team members. Law firms have used a variety of techniques, remote lunches, weekly informal workflow meetings, and virtual watercoolers, to cultivate relationships. Hybrid work policies maintain the flexibility of working from home and provide a real opportunity for law firms to build the relationships required for a workplace to thrive. 

Digital File Management Systems

Documentation, organizing, and reviewing client and court documents is a significant part of a law firm’s practice. Successfully navigating legal issues requires excellent file management and accessibility to the lawyers working on a matter. During the pandemic, a digital file management system is vital to ensure that work would not be disrupted severely because of the shift to remote work. 

This was one of the first issues that law firms needed to tackle as many shifted to remote work during the pandemic. Key considerations included establishing a digital file management system, organizing the system in a manner that was user-friendly, and maintaining flexibility to make adjustments as needed. The pandemic accelerated the move to a digital file management system, and the progress should not stop regardless if remote work continues or not. An efficient file management system enables effective advocacy by the lawyers.

In-Office Needs

Not every document, client file, or disclosure received can be stored electronically. Law firms continuously receive documents and files that require physical interaction. As the pandemic continues, a balance of allowing lawyers to come to the office in-person to interact with files physically while maintaining safety for those in office is a key consideration for law firms adopting hybrid work arrangements. Social distancing, masking, and rapid testing are all methods of providing a safe workplace when remote work is not possible. Law firms must make the appropriate preparations for their lawyers to return to work safely, and a hybrid work policy is one such method of preparing. Lawyers will require access to the workplace; the office provides tools and documents that may be inaccessible from home. If lawyers are to be successful in their remote work, law firms must provide for and address the deficiencies in a home office by ensuring the workplace is safely accessible and maintained.

Conclusion

Remote work appears to be a practice that will continue to be part of law firm work culture for the foreseeable future. Many law forms in Canada have recognized the benefit in working from home, but also understand the challenges of doing so and the value added by in-office work options. Not everything can be accomplished at home. To manage the return to work and balance remote work, an effective hybrid policy is key for law firms who wish to find success in the evolving workplace culture.

KPMG Law’s Employment and Labour Law Team is available to assist employers in preparing and administering their hybrid work policy. For more information, please contact Lisa Cabel, Maciej Lipinski, or Eren Erinc.