Remote work can give lawyers greater flexibility. But for some attorneys, that flexibility may come with a career cost.
For a time, there was an assumption that working remotely would become the permanent model for much of the legal profession. Technology proved that attorneys could serve clients, collaborate with colleagues, manage documents, conduct meetings, and run sophisticated practices without being in the same physical office every day.
But proving that lawyers can work remotely is different from saying that most law firms want to operate remotely.
Today, many traditional law firms continue to place significant value on attorneys being in the office. Some offer a degree of flexibility. Others have established hybrid schedules. But fully remote positions remain much more limited, particularly for attorneys joining firms that were built around a traditional office model.
At the same time, another segment of the legal market has continued to develop: virtual and distributed law firms intentionally designed to operate without the traditional office structure.
For attorneys considering a move, understanding that distinction matters.
Flexibility and Remote Work Are Not the Same Thing
One of the problems with the conversation surrounding remote work is that the terminology has become too broad.
A firm allowing an attorney to work from home occasionally is not necessarily a hybrid firm.
A firm permitting one or two remote days each week is not a virtual firm.
A traditional law firm offering flexibility to an established partner with a significant book of business may not extend that same flexibility to an associate, counsel, or newly hired lateral.
That is why attorneys considering a move should look beyond labels such as “flexible,” “hybrid,” or “remote.”
What does the policy actually mean?
How many days are attorneys expected to be in the office?
Are those expectations different for partners, associates, and professional staff?
Are there particular days when everyone is expected to be present?
Does the written policy reflect how the firm actually operates?
Perhaps most importantly, is flexibility part of the firm’s structure, or is it an exception being granted to particular attorneys?
Those are very different situations.
Traditional Law Firms Still Have Reasons to Value the Office
There are legitimate reasons many law firms continue to emphasize in-person work.
Law is a relationship business.
Young attorneys learn by observing experienced lawyers, participating in conversations, sitting in on meetings, and having access to partners when questions arise. Some of that can happen virtually, but firms may believe that mentoring and professional development are stronger when attorneys regularly work together in person.
The same can be true for collaboration.
A conversation that happens naturally when two attorneys are down the hall from each other may never occur when everyone is working independently from different locations.
There is also the business-development component.
Attorneys do not build internal relationships only through scheduled meetings. Visibility within a firm can influence which lawyers are invited into matters, introduced to clients, included in pitches, or considered for leadership opportunities.
For attorneys building a practice, those informal relationships matter.
This does not mean attorneys cannot succeed remotely. Many do.
It means attorneys should understand what they may gain and what they may give up when choosing a particular work model.
Virtual and Distributed Firms Are a Different Model
Virtual and distributed firms should not simply be viewed as traditional law firms whose lawyers happen to work from home.
An attorney at a distributed firm might work from home. From a car between meetings. From a shared office. From a coffee shop.
The location is flexible. The distinction runs deeper than that.
These firms are generally built around attorneys practicing from different locations. Their technology, communication systems, administrative support, economics, and culture are designed with a distributed workforce in mind.
That can create a very different value proposition for an experienced attorney.
Without the same physical-office footprint and overhead structure, some distributed firms may be able to offer different compensation models or greater autonomy. Geography may also become less restrictive, allowing firms to bring together attorneys and practices across multiple markets.
For the right attorney, that can be attractive.
But it should not automatically be viewed as better.
It is simply a different platform.
But there is a caveat that does not get said often enough.
Unless you control a book of business, a virtual firm can quietly derail a career.
Visibility is currency in a law firm. In a distributed environment, no one sees you work. No one passes your name into a matter because they ran into you in the hallway. No one thinks of you for the pitch, the introduction, or the leadership role, because you were never in the room.
For an attorney with a portable book, that may not matter. The clients follow. The platform simply supports what the attorney already controls.
For an attorney still building one, it can matter a great deal.
Relationships, mentoring, and internal reputation are usually built in person. Being in an office is where you become known. Take that away, and an attorney without an established book can quietly become invisible. Invisible attorneys do not get staffed, sponsored, or promoted.
An attorney accustomed to walking into a colleague’s office, having substantial administrative support nearby, entertaining clients at the firm’s office, or developing business through the firm’s physical presence may find a distributed environment very different.
The question is not whether one model is superior.
The question is which model supports the practice and career you are trying to build.
Look Beyond Where You Will Work
When attorneys evaluate a lateral move, remote work can easily become one of the first questions.
How many days do I have to be in the office?
That is understandable, particularly for attorneys dealing with long commutes, family responsibilities, or other demands on their time.
But location should be only one part of the evaluation.
Before choosing a platform, attorneys should also understand:
- How will compensation work?
- What administrative and technology support will be available?
- How are clients and matters staffed?
- How does the firm support business development?
- Will the platform help you expand your client relationships?
- How are referrals and cross-selling handled?
- How are attorneys integrated into the firm?
- What are the expectations regarding responsiveness and availability?
- How are younger attorneys trained and mentored?
- What opportunities exist for leadership and advancement?
- Does the firm’s culture work when attorneys are not physically together?
A shorter commute or greater flexibility can be valuable.
But it should not come at the expense of the platform, support, economics, relationships, or opportunities necessary to build a successful practice.
Professional Obligations Don’t Change With Location
For attorneys who do work remotely, whether full-time or as part of a hybrid arrangement, the basic professional obligations do not change.
Confidentiality remains confidentiality.
Client responsiveness remains essential.
Deadlines do not become more flexible because an attorney is working outside the office.
Technology becomes even more important when the office itself is no longer the center of the working environment.
Comment 8 to Rule 1.1 of the ABA Model Rules of Professional Conduct addresses the need for lawyers to keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.
Secure document management, encrypted devices, appropriate password protection, reliable connectivity, backup systems, and careful handling of client information are therefore more than conveniences.
They are part of practicing responsibly in a technology-dependent environment.
Personal boundaries matter as well.
As I have said before:
“Working remotely may negatively impact traditional office-life and personal life, as the line between the two becomes blurred. Many find remote work ideal. The only real Con is you. Be sure to draw boundaries between your personal and business life.”
Shari Davidson, President, On Balance Search Consultants
Flexibility only works when attorneys have the discipline and infrastructure to use it effectively.
Firms Need to Define What They Are Offering
There is an equally important lesson for law firms.
If you tell candidates that your firm offers flexibility, define it.
Candidates should not discover after joining that “hybrid” means something very different from what they understood during the interview process.
If attorneys are expected in the office three or four days each week, say so.
If partners have greater flexibility than associates, explain that.
If exceptions are made based on seniority, practice area, client demands, or business generation, candidates should understand that as well.
Clarity at the beginning can prevent significant problems later.
This is particularly important when recruiting experienced attorneys and partners. A candidate may be comparing not only two firms, but two entirely different law firm models.
Compensation, culture, autonomy, support, business development, succession, client portability, technology, geography, and office expectations can all factor into that decision.
Remote work is one piece of the puzzle.
It should not become the entire puzzle.
Choosing the Right Platform
The legal profession did not become entirely remote, nor did it simply return to the way it operated before remote work became widespread.
Instead, attorneys now have more types of platforms to consider.
Traditional firms.
Traditional firms offering varying degrees of flexibility.
Hybrid environments.
Virtual and distributed firms intentionally built around a different operating model.
That creates more choice, but it also requires attorneys to ask better questions.
A lateral move should not be evaluated simply by asking:
“How often can I work from home?”
A better question is:
“Will this platform allow me to build the practice, relationships, client base, and career I want over the next five or ten years?”
The answer may lead you to a traditional law firm.
It may lead you to a distributed firm.
It may lead you somewhere in between.
The important thing is understanding what you are choosing and why.
The question isn’t whether remote work is better or worse. The question is whether the firm’s operating model matches the way you want to build your practice and your career.
If you are evaluating a lateral move or determining which law firm platform best aligns with your long-term objectives, On Balance Search Consultants can help you evaluate the options.
Who’s Driving Your Career?™
Reach us at Shari@OnBalanceSearch.com or call 516-731-3400.
All conversations are confidential.
About On Balance Search Consultants
On Balance Search Consultants provides market intelligence and strategic advisory services to law firms and experienced attorneys. Shari Davidson, President, advises on lateral partner transitions, law firm growth, leadership succession, and attorney career strategy.
Working with both firms and attorneys, On Balance helps align long-term objectives with the right platform, leadership structure, and growth strategy.
Contact: OnBalanceSearch.com | 516-731-3400
Disclaimer: This content is provided for informational and educational purposes only and does not constitute legal advice. Readers should consult qualified legal counsel regarding their specific circumstances and applicable legal requirements.
Sources
Thomson Reuters Institute. “2024 Law Firm Office Attendance Policies Report: Legal professionals and law firms embracing a new standard of hybrid work.” April 8, 2024. https://www.thomsonreuters.com/en/institute/reports/law-firm-office-attendance-policies-report-2024
Isaac Brooks, Thomson Reuters Institute. “Office attendance policies & employee satisfaction: How law firms differ from other businesses.” April 22, 2024. https://www.thomsonreuters.com/en/institute/articles/office-attendance-policies-employee-satisfaction
American Bar Association. “Model Rules of Professional Conduct, Rule 1.1: Competence, Comment [8].” https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/comment_on_rule_1_1/
