Trial Magazine

Up to 30 percent of people in the United States work remotely—and that number has grown by almost 80 percent in the last decade, especially among recent graduates.¹ Many millennials consider the ability to work remotely a job requirement, not just a fringe benefit. And when companies embrace it, employee productivity increases and operating costs decrease.²

But the legal industry tends to be steeped in tradition—and slower than others to embrace change. Although we must adapt to how technology is redefining traditional notions of the workplace, some firms still cling to the idea of a “one firm” culture and are reluctant to apply the term “satellite” to offices in other cities.³ So what are the potential benefits and pitfalls for a law firm looking to adopt more remote work options?

Out of Sight, Out of Mind? 

Let’s begin with what may be most employees’ biggest concern: Will I be overlooked if I am not in the office every day? Our society views “presenteeism” as a badge of honor—consider Hillary Clinton campaigning with pneumonia or Michael Jordan’s 38-point “flu game” during the 1997 NBA playoffs. Some attorneys ­justifiably fear that working remotely, or from a satellite branch, would negatively affect their careers. According to Jennifer Berdahl, a professor at the Sauder School of Business at the University of British Columbia, this is particularly true in law and business consulting.⁴

However, this issue can be overcome with performance-based measurement systems and results-based expectations: Remote workers who communicate regularly with in-office coworkers­ and managers—by phone, email, IM, videoconference, and occasional in-person meetings—should advance as expected.⁵ But will attorneys based at satellite offices (physical offices that are some distance away from the main office) or even virtual offices (offices with no dedicated physical office space) lose commitment or experience loneliness? Not necessarily. Communication and the right technology are key.

Learn from industries that have colonized the remote-work frontier, such as the tech industry. Tech businesses often practice “time zone syncing,” ensuring that there is an overlap in schedules from different time zones and a shared ­expectation that all hands will be on deck for at least that window of time.

Conversely, there should be windows of time when remote workers are not expected to be on deck. For example, a remote employee in New York who works for a firm headquartered in California should not be expected to be on calls after 6:00 p.m. EST—at least not on a regular basis.

When you are in the office, avoiding extended watercooler conversations helps you stay focused on your work, but extra efforts to communicate may gain respect and attention from ­coworkers and support staff. The same is true when working remotely—being a good digital officemate is crucial. One remote worker suggests, “The same way people smile and say hello when they enter a physical office, you can say good morning and good night when you clock in and out for the day, and ­welcome your colleagues when they do the same.”⁶

Surprisingly, some­times remote workers can be more engaged with col­leagues and supervisors than in-office workers.⁷ Proximity may breed ­complacency—such as when you send an email to someone sitting 50 feet away—and, conversely, absence makes people try harder to connect. Leaders of virtual teams also might make better use of technological tools—such as ­videoconferencing, email, and instant messaging—to communicate with remote team members.

Members of far-flung teams also tend to maximize the time they spend together because they recognize it is limited and needs to be used as productively as ­possible. You cannot put off until tomorrow any work that needs to be completed in-person if you are in the main office for only one day.

The Right Tools

Before you open a satellite location or offer your employees remote work options, make sure you have the necessary technology and systems in place to ensure a seamless transition.

Communication. New technologies give us the freedom to collaborate anywhere, anytime. The following tools are specifically designed for improving ­communication among a remote workforce:

• Zoom.us is a videoconferencing service that connects remote employees seamlessly through desktops, conference rooms, and all types of mobile devices.
• Hipchat provides group chat and instant messaging services specifically built for teams within the same company or firm. The service keeps all messages and conversations internal and allows for cloud-based storage, searchable message history, and video calling. Other videoconferencing tools include Skype and Google Hangouts.
• Voice over Internet Protocol (VoIP) services allow subscribers to connect their phone lines to the internet. Once set up, the main office can transfer calls to the remote user’s phone, just as if he or she were across the hall from the receptionist.

Organization. Whether you work in a large office or remotely, you are constantly bombarded with information, amplifying the need to be organized. Here are some crucial organizational tools that the whole team can use:

• Trello is a web-based application that allows users to stay organized on many different levels—tasks, resources, deadlines, goals—and provides a team platform for easy coordination, functioning as a communal to-do list.  
• Evernote is a note-taking application that allows easy searching and filing, creating a virtual “library” that can be easily accessed via web interface or through a remote device.⁸ In addition to key-typed note taking, other features include image capture and clipping sections of webpages, image capture from cameras, and voice recording. Images containing text can be recognized using optional character recognition—also known as OCR—and even annotated.
• OmniFocus is a task management application for people who use Apple products, including Macs, iPhones, iPads, and Apple Watches. The app’s goal is to enable the user to immediately put thoughts and ideas into to-do lists—you can even use Siri to do this.  

Security. Cloud computing is transforming how we handle confidential client data. Information technology infrastructures can be expensive and burdensome to maintain in-house, so it’s no surprise that firms increasingly are hosting their applications, documents, and emails in cloud-based service providers (CSPs) provided by Amazon and other data centers. However, not all CSPs are created equal. When choosing one, make sure the service is secure and appropriate for a legal practice. Online ranking services like Talkin’ Cloud will help you choose the right CSP.

The Right Space 

Virtual offices, executive suites, and shared suites are revolutionizing the way lawyers work. As workplace demands move away from the coveted corner office, companies such as Regus, WeWork, and Jay Suites are expanding real estate options for office space. These shared and virtual office spaces offer flexibility, convenience, community, and often, cost savings.

Executive suites are fully outfitted offices that are usually leased on a pay-as-you-go basis. Law firms can occupy office space without signing a long-term lease; paying a security deposit; buying equipment; or setting up telephone, internet, and other utilities. Some executive suites also come with prestigious addresses at significant cost savings. For example, a downtown office in the heart of a big city used to require a multiyear lease with a commitment to expanded square footage. Now, with shared executive offices, firms can attain that same prestigious address without the expensive and inflexible commitment. 

Coworking centers are one of the hottest trends in shared office space, and they differ from executive suites in two important ways: culture and community.⁹ Coworking center members typically share community space—kitchens­, copy rooms, indoor and ­outdoor lounges—and attend social events, such as happy hours, to reinforce a sense of community. Open community offices originally attracted freelancers and ­startups, but other industries have caught on. In 2005, only one coworking center existed in the United States. By 2013, that number ballooned to more than 3,000 worldwide.¹⁰ The number of coworking centers in the United States went up 83 percent in 2012 alone, and the trend shows no signs of slowing.¹¹

These “turnkey” offices are ideal when you are opening a satellite office in another city, but you are unsure about how big—and how quickly—your new office will grow. The lease flexibility allows for upsizing and downsizing as the personnel needs of the company ebb and flow. In fact, many companies that originally intend to use the executive suites on a temporary basis opt to stay in the location for years. 

Human Factors

Part of personal fulfillment is the elusive work-life balance, and location is a significant part of that for the modern workforce. More than 80 percent of employees report that they would like to telework at least part of the time.¹² Remote workers are happier because their situation affords them freedom in choosing where to live.¹³

Remote workers also broaden the available workforce. Establishing a physical or virtual satellite branch and implementing a remote workforce program allows you to source talent from any location—which means you can woo the best and brightest, regardless of distance or moving allowances.

Remote workers also help the environment, save gas, reduce traffic, and ease the strain on transportation infrastructure. Sun Microsystems reported that its 24,000 U.S. employees participating in its Open Work program avoided producing 32,000 metric tons of CO2 in a single year simply by driving less often to and from work.¹⁴

By now, even the most faithful traditionalist must admit that a major technological and cultural shift is afoot in the workplace—and law firms are benefiting from it. Satellite offices are changing, and how they look—and what it means to work “remotely”—is changing, too.

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Karen Barth Menzies is a partner at Gibbs Law Group in Newport Beach, Calif. She can be reached at kbm@classlawgroup.com. The views expressed in this article are the author’s and do not constitute an endorsement of any product or service by Trial or AAJ.

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Notes

1. Alina Tugend, It’s Unclearly Defined, but Telecommuting is Fast on the Rise, N.Y. Times (Mar. 7, 2014), www.nytimes.com/2014/03/08/your-money/when-working-in-your-pajamas-is-more-productive.html.
2. For example, when Aetna instituted remote working options, the health care company saved $78 million by retiring office space it no longer needed. And when American Express offered remote working to its employees, it saw its annual savings increase by nearly 30 percent to a total of $15 million. Jeanne Meister, Flexible Workspaces: Employee Perk or Business Tool to Recruit Top Talent?, Forbes (Apr. 1, 2013), www.forbes.com/sites/jeannemeister/2013/04/01/flexible-workspaces-another-workplace-perk-or-a-must-have-to-attract-top-talent/
3. Brian A. Reinthaler, Headquarters vs. Satellite: What Type of Office Will Suit Me?, Vault (Mar. 10, 2009), www.vault.com/blog/job-search/headquarters-vs-satellite-what-type-of-office-will-suit-me. 
4. Emily Peck, Working While Sick Isn’t a Hillary Thing. It’s an American Thing, The Huffington Post (Sept. 12, 2016), www.huffingtonpost.com/entry/hillary-clinton-presenteeism_us_57d6e18fe4b00642712ea22b. 
5. Global Workplace Analytics, Costs and Benefits, globalworkplaceanalytics.com/resources/costs-benefits. 
6. Heather Finn, 5 Ways to Communicate Better With Your Remote Coworkers, Levo (July 24, 2015), www.levo.com/posts/5-tips-for-better-communication-with-your-remote-coworkers. 
7. Scott Edinger, Why Remote Workers Are More (Yes, More) Engaged, Harv. Bus. Rev. (Aug. 24, 2012), hbr.org/2012/08/are-you-taking-your-people-for. 
8. Tim Baran, How Lawyers Use Evernote, Legal Productivity, Nov. 24, 2014, www.legalproductivity.com/practice-management/evernote-lawyers.
9. Audra Capas, The Future of Shared Office Space, Commercial Real Estate Dev. Ass’n (Winter 2015/2016), www.naiop.org/en/Magazine/2015/Winter-2015-2016/Development-Ownership/The-Future-of-Shared-Office-Space. 
10. Id. 
11. Adam Vaccaro, Number of Coworking Spaces Has Skyrocketed in the U.S., Inc. (Mar. 3, 2014), www.inc.com/adam-vaccaro/coworking-space-growth.html.
12. Global Workplace Analytics, Latest Telecommuting Statistics, globalworkplaceanalytics.com/telecommuting-statistics.
13. TINYpulse, What Leaders Need to Know About Remote Workers: Surprising Differences in Workplace Happiness & Relationships, tinyurl.com/zsn68tn.
14. Global Workplace Analytics, Advantages of Agile Work Strategies for Companies, globalworkplaceanalytics.com/resources/costs-benefits.