Remote work has been a hot topic of discussion over the past few years and continues to be noteworthy as we anticipate the impact of return-to-office mandates in the federal government on the private sector and other levels of government. With more law firms having shifted to in-person or hybrid environments, we explore the many factors to consider when seeking a new opportunity.
The most practical factor is job market availability. According to a report published by the American Bar Association in 2022, about thirty percent (30%) of lawyers exclusively or primarily report to an office for work.[1] The same percentage (i.e., 30%) of lawyers work exclusively or primarily from home or other remote locations.[2] The remaining forty percent (40%) of lawyers work in a hybrid environment generally varying from one (1) to three (3) days in the office.[3] Interestingly, lawyers in private practice and those working in-house tend to have more opportunities for remote or hybrid schedules as opposed to those in all levels of government.[4] This report does not correlate specific practice areas (e.g., litigation, corporate, administrative, criminal) with workplace type (i.e., in-person, hybrid, or remote)[5], however, the industries that involve individual client representation or interaction (e.g., individual plaintiffs/defendants or witnesses)—as opposed to corporate clients—and/or courtroom-related activities (e.g., depositions, hearings, trials) will necessitate hybrid or in-person workspaces. Moreover, with recent policy changes in the federal government towards return-to-office, it will be interesting to see whether other sectors and industries will follow suit. Generally, many private and other non-government employers will offer benefits that align with increasing their success and profits, which likely includes continuing to offer some flexibility to attract, hire, and retain top talent. If you’re considering changing jobs, consult with a legal recruiter to learn more about the current and forecasted job market trends in your specific practice area and location.
Each workplace type has its own pros and cons and the significance of those will depend on your individual needs and goals. Below is a chart of some factors relating to in-person and remote work (note: hybrid work would likely include some combination of any or all those factors). Each factor can be categorized under the following topics: professional development and growth, health and wellness, and productivity and efficiency.
Workplace Type | Pros | Cons |
In-Person | More direct opportunities for professional development, mentorship, training, and socializing | Potential for unnecessary interruptions in office/cubicle setting |
“Face Time” with team and supervisors to increase opportunities for assignments and consideration of promotion or increased compensation | Potential for increased stress related to in-person workplace conflict, including, but not limited to workplace bias or discrimination | |
Separation of work and home | Less time for non-work responsibilities | |
Dedicated space for quiet and uninterrupted work | Added time and cost of travel/commute to the office | |
Perception of commitment to employer/role | ||
Easier access to technology and other resources (e.g., office quality internet and computer/printer, etc.) | ||
Remote | Eliminates travel/commute time and other time spent on “getting ready” for the office | Potential for isolation |
More time to balance work and personal needs (e.g., childcare, elder care, self-care, medical needs, other household needs) | Out of Sight/Out of Mind for assignments, promotions, or increased compensation | |
Eliminates or decreases stress related to in-person workplace conflict, including, but not limited to workplace bias or discrimination | Potential for questioning commitment to employer/role | |
Potential to work in a more comfortable environment that suits personal needs for productivity and efficiency | Overlap between work and home | |
Overlap between work and home |
Professional Development & Growth
When deciding whether to pursue an in-person, hybrid, or remote role, it is important to consider the impact of your desired work environment on your opportunity to progress in your career. In an office setting, there are more opportunities for team building and collaboration through formal means, such as, training, case/project reviews, or mentorship events/activities and informal conversation like “bouncing ideas off each other” that may lead to an impromptu sharing of institutional knowledge about clients, best practices, etc.
Similarly, in-person settings can provide easier access to feedback on work that can be incorporated into an individual’s long-term practice whereas a remote setting may require more intentional effort to discuss meaningful feedback. In a remote setting, there may be an inclination to only address specific edits concerning an assignment through redlining as opposed to engaging in a broader conversation, during an in-person meeting, about quality, content, style, strategy, etc. that can be applied to future assignments and practice.
Junior attorneys/staff or newer members joining a team may likely benefit more from in-person learning experiences. Although anyone can benefit from in-person collaboration, the learning curve for a newer or more junior member of a team is usually steeper than for those with experience. Regardless, a team setting provides a space for social interaction and bonding among colleagues, which can boost mental and emotional health.
In-office “face time” with supervisors, partners, or managers can increase opportunities for professional growth. Familiarity and likability of lawyers and legal staff by stakeholders (e.g., supervisors, partners, etc.) can likely increase favorable opportunities, including placement on desired assignments/projects, promotions, and increased compensation (e.g., salary or bonuses). In contrast, remote work or otherwise infrequent visibility by those with decision-making power can potentially limit professional growth (e.g., out of sight out of mind). A worker who is often seen in the office may be perceived as more committed to their job or employer. Although an employee should be able to demonstrate their value to their employer through their work and contributions to the team regardless of workplace type, limited “face time” may require more creative and intentional ways to stay at the forefront of supervisors/partners’ minds to be considered for opportunities for growth and development.
Health & Wellness
In-person social interactions among colleagues in the workplace can often boost emotional and mental health while reducing feelings of isolation. However, for some lawyers who identify as women, lawyers of color, LGBTQ+, and lawyers with disabilities, the opposite may be true.[6] According to the data reported by the American Bar Association:
Women lawyers feel more stress at work than men on account of their gender.
Lawyers of color feel more stress at work than White lawyers on account of their
race or ethnicity. LGBTQ+ lawyers feel more stress at work on account of their
sexual orientation than heterosexual lawyers. And disabled lawyers are more likely
to feel stress at work on account of their disability than lawyers who are not
disabled.[7]
“Many of these lawyers feel that they cannot be their authentic self at work; report receiving demeaning and insulting comments; and believe they are perceived as less competent than others.”[8]
This information demonstrates an ongoing need to adequately address issues pertaining to diversity, equity, inclusion, and belonging in the legal industry. However, a more immediate solution to the problem of these unnecessary stressors for many lawyers in the workplace is for employers to reduce opportunities for workplace conflict by having a hybrid or remote model.
In general, remote work provides more time for non-work responsibilities, including, but not limited to self-care, childcare, elder care, and medical needs. This may be especially true for lawyers and other legal staff, who are members of the “sandwich generation” (i.e., people—historically those between ages 35 and 54—who are caring for both children or grandchildren and aging parents).[9][10]
Other benefits to working remotely include eliminating or reducing time (and money) needed for travel/commuting and time needed to get “office” ready in the mornings. Also, setting up a home office suited to your unique needs may provide a more comfortable environment resulting in increased productivity and efficiency. However, in-person work provides a physical separation between the office and home, which can be beneficial to overall health and wellness by literally and figuratively leaving your work at work and returning to your home, which should be a safe and personal space of comfort and relaxation.
Deciding whether to pursue a remote, in-person, or hybrid role with respect to your health and wellness will depend on your unique preferences, needs, and circumstances.
Productivity & Efficiency
Other than creating a home office space personalized to fit your unique needs and wants for productivity, efficiency, and creativity, another benefit of remote work is having a quiet space with fewer interruptions providing for better concentration. For example, less time spent on unsolicited, unnecessary, or stressful interactions provides more time to focus exclusively on work thereby improving work quality and productivity. While an office setting provides social interaction and opportunities for professional growth and development through in-person collaboration, if you prefer uninterrupted quiet to focus, a remote option may be better. In contrast, those in a busy or large household, having a dedicated workspace away from home is better for productivity.
High-speed, high-performance, or advanced technology (e.g., printers with advanced features, fast internet speed and stable connectivity, equipment like double monitors or larger screens) is likely easier to access in a commercial/office space as opposed to an individual household. This is an important consideration when thinking about the nature of your work and the technology needed to perform your responsibilities in your industry to determine whether you can be successful in a remote, hybrid, or in-person setting. The realities of your practice, including tech needs to perform quality, timely, and efficient work, will also affect job market availability of remote, hybrid, or in-person opportunities for your desired role.
All factors considered, components of an ideal role should align with your professional and personal goals, including professional development and growth, health and wellness, and work performance. There is no one-size-fits all answer to the question: which is the best workplace for you: in-person, remote, or hybrid, although it seems that hybrid may provide the best of both worlds. However, every individual works differently and thrives in different environments, and therefore it’s up to you to determine your needs and preferences within the context of job market availability in your specific industry and location.
For more guidance, consider working with a legal recruiter to discuss your career goals and path towards finding your ideal role, including the topic of in-person, hybrid, or remote work. An experienced legal recruiter will be able to share job market trends and availability and offer guidance with respect to your specific needs for professional success, financial growth, and overall wellness.
References
Roberta D. Liebenberg and Stephanie A. Scharf, 2022 Practice Forward Report: Where Does the Legal Profession Go from Here? Lawyers Tell us How and Where They Want to Work, American Bar Association, https://www.americanbar.org/content/dam/aba/administrative/law-practice-division/practice-forward/2022-practice-forward-report.pdf.
David Rae, Sandwich Generation: Are You Prepared to Care for Your Parents?, Forbes, https://www.forbes.com/sites/davidrae/2024/11/27/sandwich-generation-are-you-prepared-to-care-for-your-parents/.
Sandwich Generation Moms Feeling the Squeeze, American Psychology Association (2008), https://www.apa.org/topics/families/sandwich-generation.
Citations
[1] Roberta D. Liebenberg and Stephanie A. Scharf, 2022 Practice Forward Report: Where Does the Legal Profession Go from Here? Lawyers Tell us How and Where They Want to Work, American Bar Association at 11, https://www.americanbar.org/content/dam/aba/administrative/law-practice-division/practice-forward/2022-practice-forward-report.pdf (last visited January 8, 2025).
[2] Id.
[3] Id.
[4] Id.
[5] See generally Liebenberg et al., 2022 Practice Forward Report.
[6] Liebenberg, supra note 5. at vi, 18–19, 21–24.
[7] Liebenberg, supra note 5 at 21.
[8] Liebenberg, supra note 5. at vi. See also id. at 18–19, 21–24.
[9] [10]David Rae, Sandwich Generation: Are You Prepared to Care for Your Parents?, Forbes (November 27, 2024, 10:30am ET), https://www.forbes.com/sites/davidrae/2024/11/27/sandwich-generation-are-you-prepared-to-care-for-your-parents/. See also Sandwich Generation Moms Feeling the Squeeze, American Psychology Association (2008), https://www.apa.org/topics/families/sandwich-generation (last visited January 8, 2025).
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