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46 Law Prac. 26 (2020)
Working from Home Works: Law Firms Must Adapt

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TECH  FROM  THE TRENCHES


Working From Home Works:


Law Firms Must Adapt


BY DANIEL J. SIEGEL


IF  YOU'RE NOT HERE, I'm not here I muttered that
phrase under my breath for what seems like thousands of times
during my two decades of working at law firms as my bosses
repeatedly believed that the only time I was working was when
they too were in the office.
  As a morning person' I wake up around 4:30 a.m., a time
most people consider crazy. I exercise and then go to work,
arriving by 7:00 a.m. and working until 5:00 or 6:00 p.m. at the
latest. My bosses, however, tended to arrive around 9:00 a.m., or
even later, and stayed until early evening. As a result, I left the
office before they did. They always made it clear by their words
and/or body language, however, that I wasn't working enough
That I always completed my assignments on time, that my brain
was a french fry by 5:00 p.m., and that I worked more efficiently
and produced my best work product early in the morning when
phones didn't ring and bosses didn't stop by to chat was irrele-
vant. Because my circadian rhythms did not match theirs, I was
not working enough.
  Each time they commented or made a face, I would mutter to
myself, If you're not here, I'm not here. Bosses might assume
that just because they're not in the office, you're not either, but
If you're not here, I'm not here is wrong.
  It highlights why law firms should change as a result of the
quarantine orders that forced thousands of firms throughout
the country to close their physical doors and have their entire
staff work from home during the COVID-19 pandemic. Before
the pandemic, many firms did not sufficiently appreciate those
attorneys who needed accommodations, such as the ability to
work remotely or on reduced or flexible schedules, creating
a second-class group of attorneys, who are primarily female.
Since the pandemic, those workers became the models for the
in-office staff forced to figure out how to work from a kitchen
table or with children screaming Mommy all around them.
  Over the years, I met many lawyers who worked remotely
and had to adjust their work schedules not because they arose
with the roosters, but because of their need to juggle their work



26 Law Practice November/December 2020 1 wwwlawpractice.org


lives with other commitments such as child care-the thing
commonly  known  as their personal lives. Many conceded
that they had to perform familial gymnastics to hide their
problems from the powers-that-be who would determine their
futures in their firms.
  What I also saw was that the overwhelming majority of the
firms they worked for did not appreciate these lawyers, whose
loyalty remained despite the obstacles they faced. Then came
COVID-19,  and everyone had some of the same problems. A
9:00 a.m. to 5:00 p.m. schedule is far more challenging when
you need to deal with Zoom classes for toddlers and many other
adjustments. Consequently, firms had to adapt and allow staff
to modify their schedules and their working hours to accom-
modate those problems.
  Suddenly homebound, all these people had to take on the role
of quasi-teacher, babysitter, day care worker and more. They
may also have had to care for aging relatives or family members
infected with the coronavirus.
  No one could hide it. It meant that work schedules had to
become  more  flexible. After all, if a kindergartner's Zoom
classes were at 1:00 p.m., and one parent was scheduled to give
a presentation to her CEO at that time, the other parent's work
schedule had to wait until kindergarten class was over.
  Not only was everyone at almost every firm working from
home,  but so was everyone else, including their spouses,
their kids' teachers and everyone else with school-age chil-
dren. They were also parenting from home, and teaching from
home, while learning fifth-grade math and tenth-grade social
studies. Plus, their quarantined kids couldn't be with friends
and were antsy. They did not care if they interrupted Daddy's
Zoom  videoconference with the judge to whine about how
bored they were. They just banged on the door or simply came
into the room.
  This daily juggling act was impossible to hide. Rather, it
became  what some  call the new normal, the challenging
balance that spawned social media jokes like the my co-worker


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