Morgan Stanley’s CLO says remote working threatens client service, but many disagree. Crafty Counsel community members share their insights.
Overview of the remote working memo
Last week, Morgan Stanley’s Chief Legal Officer, Eric Grossman, sent a memo to law firms. He stated that firms returning to the office will have a “significant” advantage over those with a remote-first model.
The memo also emphasized that Zoom meetings will not be allowed for “critical meetings.” This has sparked strong reactions on social media. Some commentators support in-office work a few days a week, while others call it “backwards thinking.”
What does the in-house legal community think?
Xavier Langlois is General Counsel at Beamery and shared his thoughts. “It’s disappointing to see that some leaders in the legal profession have learnt nothing from the pandemic. As a society and profession we’ve made huge strides in the past 18 months.”
“We’ve never been more inclusive, agile, innovative and ‘together’. Yet some would rather revert to what they know and pretend like it never happened? It screams micro management to me. Why does it matter where your external counsel works from?”
“There is nothing to suggest that law firm output or quality of work has declined in the past 18 months. If that’s how they treat their outside counsel, I truly feel sorry for their in-house legal teams. Sounds like some DE&I training would not come amiss!”
Jane Clemetson, lawyer and founder of Jane Clemetson limited, says that she “loved working from the office.” “As an in-house lawyer, it was much easier to find out what was going on in the business by chatting with legal and non-legal colleagues.”
Clemetson says some meetings are better in-person. “As a client there are, in my opinion, certain meetings that are better face to face. For instance, large heavy-duty negotiations with a cast of thousands. In situations like this, I would like my outside lawyers to be there in person with me. That doesn’t mean they have to be at the office the rest of the time. “
For Catie Sheret, General Counsel for Cambridge University Press, the approach taken by Grossman “risks driving law firms back to rigid ways of working and rowing back from some of the significant benefits that a more flexible approach to work (both location and hours) offers.”
“There are challenges around making what is referred to as the ‘apprenticeship model’ work in a remote or hybrid environment. Those are not insurmountable. The firms that will thrive are the ones that develop and support their people effectively, wherever they are located or whichever hours they work.”
Is the legal world adopting remote working?
Thomson Reuters’ survey found that two thirds of lawyers said that remote working had a positive impact on their health. According to the survey 86% of lawyers in the UK would like to change the way they work in the future, while the global average is 77%.
The survey found that 42% of firm partners in the UK believe working practices were improved by remote working. Similarly, only 8% of UK partners claimed that remote work led to working practices deteriorating.
Nick White, IPM Consultant and Patent Attorney with Tangible IP says “having worked in multinationals and a number of international IP firms at executive and partner level the notion that office centric is an imperative or better is just ludicrous”
“I have worked efficiently in and with remote and virtual teams for 25 years and that includes staff development. Whether it works or not is a mindset issue.”
“Getting together is good. It can be the cost effective solution, but in many situations it does the opposite. Deciding to opt for one exclusively on an almost ideological basis is likely to limit and not enhance quality.”
Implications of the remote working memo on diversity and inclusion
This memo was released in the wake of the UK’s so-called “Freedom Day” (19 July 2021), where most Covid-19 restrictions lifted. Restrictions limiting the number of people who can meet in doors have been lifted, which includes the workplace.
Employers, including law firms, are grappling with what the future of work will look like. Many are considering hybrid models, which include some days in the office and some working remotely.
Diversity campaigner and CEO of Obelisk Support, Dana Denis-Smith responded to the memo by saying that a “one rule fits all approach” does not support creating an “inclusive culture”.
“Whatever the explanation, this type of statement will not help address many underlying issues in the profession. It will re-embed a culture that has not worked for many for decades,” she said on LinkedIn.
“It’s a way of shutting huge numbers of talented people out, again.”
Amritpal Gill, an IT consultant who works with legal clients says that many of his clients still expect those “who need to earn their stripes to come into the office”.
Roberta Liebenberg and Stephanie Scharf, in an article for Law360, write that hybrid working is essential for gender parity:
“Female lawyers, who are much more likely to be responsible for family care, greatly prefer options for remote working.”
Finally, Gary Jones produced a lyrical video on the freedoms Zoom offers users during the pandemic.