Will BigLaw Push Back Against Remote Work Practices Like Skadden?

Elon Musk may consider remote work to be “bullshit” and morally wrong, as he indicated in an interview with CNBC, but Skadden Arps is also pushing back against the practice, requiring workers to be in the office at least four days a week.

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Skadden, Arps, Slate, Meagher & Flom, one of the largest and most prestigious law firms in the US, has announced a new policy requiring lawyers to work in the office four days per week.

Previously, the firm required attorneys to be in the office only three days a week. The firm stated that their modified hybrid work model aims to combine the benefits of remote work with increased in-person collaboration for innovation and professional development.

This decision by Skadden reflects a trend among Big Law firms, where leaders are grappling with office attendance policies following the widespread remote work during the pandemic.

Some firm leaders argue that being physically present in the office offers important mentorship and training opportunities, particularly for early-career associates, that cannot be fully replicated in a remote setting.

BigLaw Approach to Office Attendance

Other prominent law firms, including Davis Polk & Wardwell, Milbank, Simpson Thacher, and Sidley Austin, have also implemented similar office attendance requirements, with some even threatening to withhold bonus money from associates who do not comply.

Different Law firms have taken various approaches to remote work, with some requiring lawyers and staff to work in person on specific days of the week, while others are allowing remote work on a full-time or hybrid basis. (source: Above the Law).

Law firms have had to adapt to new challenges and reimagine their work environments. Some firms have prioritized their culture during the transition to hybrid work, while others have adopted a methodical approach to remote work set up. Some of the big law firms that offered the best remote work experiences during the pandemic include O’Melveny & Myers and Ropes & Gray

These decisions come at a time when economic conditions have weakened and firms have laid off employees to reduce costs, leading to a shift in power dynamics favoring employers.

The shift towards requiring in-person work contrasts with the preferences of younger generations who often seek flexible work arrangements.

A survey conducted by the American Bar Association in 2022 found that 44 percent of respondents with less than 10 years of legal experience would leave their current place of employment for an opportunity that offers greater remote work options. In contrast, only 19 percent of respondents with 31 to 40 years of experience expressed the same sentiment.

The Remote Working Trend

The trend of implementing hybrid work arrangements extends beyond the legal industry, with companies in various sectors experimenting with different approaches. For example, Starbucks, Amazon, and Walt Disney have adopted policies requiring employees to work in the office three to four days per week.

However, JPMorgan Chase & Co. CEO Jamie Dimon has voiced skepticism about remote work, particularly for younger staff and those in management roles. Financial services firms, in general, have largely maintained a hybrid approach, according to a survey by Bloomberg News.

The decision made by Skadden and other law firms regarding office attendance is seen as a reflection of the current power dynamics in the job market, where employers hold significant leverage.

The impact of these policies on associates and partners is being closely observed, with professionals paying attention to the changing work dynamics in their respective firms and industries.

There is no clear evidence however that the remote work trend is ending. While some companies and firms like Skaddens have announced plans to return to the office, many others are continuing to offer remote work options.

In fact, search trends for “remote work jobs” and “work from home jobs” hit an all-time high in 2023.

Additionally, a recent survey reported on CNN found that 72.5 percent of private-sector organizations in the US did not have employees working remotely as of April 2023, which suggests that remote work is still prevalent. However, it is possible that the trend towards remote work may evolve or shift over time as companies continue to navigate the challenges posed by the pandemic and changing work environments.