ARTICLE
1 October 2024

Biglaw Still Doesn't Get It

Why Our Firm Decided to Buck the Biglaw Trend and Lean Into Flexible Working.
United States Strategy

Biglaw is dropping the ball. Over the past two years, firm after firm has rolled back the remote-working flexibility they offered during the pandemic — dragging people back into the office, limiting advancement for those who aren't onsite, and even withholding bonuses for those who won't conform. They argue it's about training, culture, spontaneous water-cooler ideas, and better work product.

Don't be fooled. The truth is that this one-size-fits-all approach is about using physical presence as a crutch for leadership and management deficiencies. Instead of adapting to a new era of work and leveraging technology to maintain productivity and collaboration, firms are reverting to old habits, stifling innovation, and ignoring the desires of their talent pool.

Studies have shown that flexibility in the workplace is directly linked to higher retention and job satisfaction. A study by the Pew Research Center found that 58% of white-collar workers would prefer to work remotely three or more days per week. Similarly, a study by Slack found that workers with flexible or hybrid work schedules are happier and more likely to stay with their employer longer than their in-office counterparts. Despite this, Biglaw firms are doubling down on outdated models that demand physical presence — ignoring the clear benefits of flexibility.

This rigid approach isn't just short-sighted; it's damaging to workers. The toll of long commutes, the stress of balancing work with family responsibilities, and the lack of control over one's schedule all contribute to burnout and dissatisfaction. Biglaw's refusal to adapt is costing it talented professionals. What's more, Biglaw is also losing out on recruiting talent. With remote work, firms can tap into a wider talent pool, bringing in lawyers with niche expertise from across the country. Who wouldn't want to do that for their clients?

The data is clear: flexible work arrangements improve employee satisfaction, retention, and well-being. At Fennemore, our own data over the past four years shows measurable improvements in productivity, retention, and job satisfaction — proving that the fears of remote work naysayers are unfounded. The legal industry is built on precedent: it looks to the past to determine how to act in the future. That may work for case law interpretation, but it's a terrible management strategy. Leave it to lawyers to run a business like they would write an appellate brief.

So We Decided to Do Something About It

With Biglaw whiffing it when it comes to flexible working, we saw an opportunity. The industry's resistance to change was our chance to show what a law firm can be in the modern world.

That's why we created Fennemore Forward, a platform designed to provide all the benefits of a top-tier law firm while giving attorneys the freedom to work remotely where and how they want full-time.

We launched this platform strategically, incorporating the lessons we've learned since the start of the pandemic. We spent the last year rebuilding our infrastructure from the bottom up to have the strongest remote working platform in the industry. Our goal was to ensure that every system and workflow in the firm could be accomplished wherever you are in the world. Our integrated systems ensure seamless support and collaboration.

We have 19 brick-and-mortar offices across the US, and those aren't going away. But they complement the Forward program by providing flexible work environments that adapt to modern needs when our lawyers and team members need them. We've reconfigured our office spaces to include more collaborative areas, including open workspaces, meeting rooms equipped with the latest technology, and comfortable lounges designed for informal discussions. This setup allows our teams to maximize their time together — fostering creativity, innovation, and stronger interpersonal connections when they are in the office.

But our culture isn't dependent on drywall, steel, and bricks like most of Biglaw. It's built on collaboration and connectivity. Although we use videoconferencing and technology, we're also opening up more opportunities than ever for in-person interaction. But when our people get together, it's with a reason and in a way that will make stronger bonds. We build a cohesive firm by investing in high-value get-togethers — firm retreats, leadership summits, practice group team-building events, workshops, and events that create real bonds.

Fennemore Forward is not a post-pandemic experiment. It's a fully baked, strategic initiative designed to meet the needs of attorneys and clients. The platform provides access to our Am Law 200 resources while allowing for the flexibility many modern professionals crave.

Thank you, Biglaw

Biglaw is mummified in thinking and policies of a bygone era. Now that the pandemic's over, senior Biglaw leaders want new generations to follow the same path they did when they were coming up the ranks — despite the palpable benefits of flexible working's benefits for mental health, job satisfaction, and productivity. The regression isn't surprising but highlights the industry's lack of creative thinking and foresight.

At Fennemore, we view Biglaw's stubbornness as a gift. With it doubling down on the past, we're able to lean into the future and attract talented lawyers from around the country who realize there's a better way. So to Biglaw, we say thank you.

Originally published by Above The Law, July 23, 2024.

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