How the post-pandemic California legal community moves on

“The more things change, the more things stay the same.”

— Jean-Baptiste Alphonse Karr

The well-known idiom has been the traditional marching orders of the legal industry. In March 2020, however, the legal industry had to embrace change to respond to widespread lockdown orders resulting from the COVID-19 pandemic. Law firms and courts worked at warp speed — for the legal industry — to modernize their infrastructure, reevaluate established biases against remote work, and innovate with technology to reduce high overhead costs of expensive office space, parking, and travel.

While the pandemic forced the legal industry out of its self-imposed doldrums, it is neither realistic nor desirable that all the changes necessitated by the pandemic should persist after re-opening. Further, navigating the post-pandemic legal landscape will be challenging, as firms and court attempt to return to a sense of normalcy while integrating the changes begotten by the lockdown orders. Here are some predictions for the post-pandemic legal world:

The Great Space Debate

Having office space — often opulent office space — was essential to law firms in the pre-pandemic world. The long-term ripple effect on office space and travel from a year of relatively successful remote work is obscure. It is certainly going to create a surplus of space (and litigation) as firms look to downsize from now-dormant money pits. A senior partner at a Los Angeles based AmLaw “A” List Firm surmised, “That’s going to be the major issue coming out of this: what do you do with expensive office space that is not being used.” He was quick to note the downside of less office time, “The real problem, especially for young associates, is how to integrate them in the firm with less face-to-face interaction.”

With firms reconsidering integrating remote work after the pandemic, many firms are reassessing the need for such offices. Firms are considering significantly reducing the number and size of offices. They are also thinking innovatively to implement such strategies as “hoteling” offices — book a day, a week, a month etc. in a shared office with a view.

Another issue identified in speaking with attorneys, specifically the senior partner above, is the effect on attorney and client travel. “With the integration of technology, I think [the legal industry] will see a lot less travel for meetings.” Firms and client will need to reevaluate the cost-benefit analysis of long distance, in-person meetings and ancillary depositions.

These approaches may result in a windfall for law firms in significantly reducing their overhead expenses. Whether those savings will trickle back to clients or employees will be the most interesting question.

Expanding Remote Work for Employees and Employers

The traditional in-office model favored by pre-pandemic law firms disapproved of remote work because of productivity and reliability concerns. Many employers have learned to adapt to the idea of remote work, both during the pandemic and beyond.

For employees, the benefits are apparent. “As a working mom, I enjoy the flexibility of working from home and keeping odd hours through the day (and night sometimes!),” said Lauren Raya, an associate attorney at McNeil, Tropp & Braun LLP. Ms. Raya continued, “People are enjoying the flexibility of working from home and I know one of the highlights of this is doing away with professional attire every day!” Employees were able to regain lost time resulting from dressing for, and commuting to, work in the morning. Of course, there were exceptions. Forced remote work amid a pandemic brought some disadvantages, including feelings of isolation, childcare issues, and lack of effective work environments.

Widespread remote work, as currently constituted, is unlikely to continue. Firms will call most of their employees back to the office. The best firms will implement greater flexibility for employees to blend the traditional in-office model with remote work — and employees will expect it.

Integrating Technology in Firms and Courts

The legal industry had to move quickly to adapt to forced remote work because, generally, it had previously failed to integrate technology. Forced to comply with stringent orders keeping most of the work force at home, law firms and courts discovered that their technological infrastructure was woefully inadequate for effective remote work. Some, of course, had already seen the value of technology and, thus, were better equipped to transition their teams accordingly. Those who had not, however, were left with a choice to either weather the pandemic or invest in updating their technological infrastructure.

Similarly, courts had to balance constitutional and statutory obligations with the health and safety of court staff. California courts’ mandating or strongly encouraging the use of remote technology, forced even the most ardent opponents of using technology to adopt some new systems, like videoconferencing, for the first time.

Hearings, depositions, and even trials were conducted via videoconference. Los Angeles County Superior Court even forged ahead with its own remote video appearance platform, LA Court Connect, and mandated its use. Further, there seemed to be an increase the use of informal discovery conferences to avoid unnecessary motion practice by allowing courts and partied to conduct them efficiently during “off hours”.

As expected, transitioning to primarily remote appearance had its issues, including judges and practitioners’ shared lack of technological prowess; diminished effect of arguments because of poor sound quality, awkward pauses, and interruptions. “You lose something by appearing virtually,” Ms. Raya explained, “There’s something about being in front of a person that cannot be reproduced virtually.”

Once the pandemic subsides, the legal community will reopen to in-person business. Firms who overhauled their technological infrastructure, however, will not let such a significant investment of time and capital sit dormant after the pandemic. Courts will expect attorneys to be able to use the new technology to lessen the burden on the court system. Simply, new technology is here to stay.

The COVID-19 pandemic has reshaped the legal industry. By effectively integrating the newly learned lessons from the pandemic-forced remote work of the last year, the legal industry will make meaningful, positive change, which has alluded it for so long. 