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Arent Fox and Baker McKenzie are early movers in revealing their return to the office policies, and while the two firms are taking slightly different approaches, both seem to be emphasizing flexibility coupled with individual responsibility.
D.C.-headquartered Arent Fox is planning its phased-in, gradual return to the office will begin after the Independence Day weekend. From July 6 on, all offices around the country will be open, and throughout the month, firmwide managing partner Cristina Carvalho expects staff and lawyers will probably come in once a week, and then gradually twice a week.
"The goal is for Arent Fox to be fully open as of September—after Labor Day," said Carvalho, who informed staff and lawyers of the new policy last week.
Carvalho said Arent Fox decided to roll out its policy to lawyers now—rather than waiting until later in the summer—so that people could plan their lives around some certainty. "It was really in response to our staff and lawyers, because as the world has started opening up and the vaccine has become more widely available," she said. "They started wondering what was the firm's position on returning to the office and continuing to provide flexibility. We wanted them to be able to plan their return with as much notice as possible."
Carvalho said Arent Fox isn't planning to define for staff and lawyers how many days they must spend in the office. Instead, she is confident that colleagues will find a mix that suits them, both personally and professionally.
"It's not my intention to micromanage and say which day people are going to be in the office. Ultimately, we all understand what we need to do and, ultimately, we're all here in the business of servicing our clients. Everybody at the firm has good judgment. And everyone will keep that ultimate goal in mind," said Carvalho, who added that some staff and practice areas with responsibilities will likely find they need to spend more time in the office, but that the decision will be left to the individual and their managers.
When offices reopen fully Sept. 6, Arent Fox is expecting staff and lawyers to maintain a "routine physical presence" in the office, and Carvalho envisions flexible working will remain a policy at the firm for the foreseeable future. But it is a two-way street, she says. "The firm will provide for a flexible schedule for everyone but, lawyers and the staff should also be flexible," she said. "Sometimes there's emergency situations or impromptu meetings or client demands where colleagues might need to make unscheduled trips in. That's the nature of the business."
Baker McKenzie, on the other hand, expects to set a minimum of three days in the office, as of Sept. 1. Until that time, all offices will be open to staff and lawyers, but they can choose to come in as much or as little as they want throughout the summer.
"It's really about striking the right balance between individual needs and the interests of clients and the business," said Colin Murray, chief executive officer of the North America region of the global firm. "We've communicated throughout the year—through town halls and written communication—that coming back is voluntary. But at the same time, we're trying to encourage people to come back in by offering free lunches and special events, and to make sure people feel comfortable from a health perspective."
The policy concerns U.S. offices only. Murray said reopening the Toronto and Mexico offices will follow soon after Sept. 1, when local regulations permit. The Mexico offices and Toronto are still in Phase One conditions.
In the United States, the firm is currently in Phase Two of reopening. All offices are available to staff and lawyers, but no more than 50% of normal capacity can be at the office at any one time. Phase One lasted from fall 2020 to May 31, with a capacity cap of 25%. Murray informed staff and lawyers of the return to work policy May 3.
Like Carvalho, Murray says he isn't taking a "total top-down approach" on whether lawyers and staff continue working from home or not after the firm fully reopens. "Instead, in terms of flexibility, we're hoping people follow the guidance of coming in at least three days a week, but moving forward it looks like there will always be a certain amount of flexibility," he said. "I think we are prepared for the idea that we would have some form of working from home, across the organization, indefinitely."
Murray expects staff and lawyers will "coordinate with their supervisor and practice group leader to ensure that the timing of when they come in makes sense for the team."
Murray also notes that even before the pandemic, Baker McKenzie already had a flexible work program in place to cater to individual needs, and sees it as an important offering for talent attraction and retention. But he also expressed a belief that coming to the office is a good thing.
"I think that from a talent retention perspective, being in the office to get to know your colleagues, on a personal level, is important," he said. "We're proud of the culture we have at the firm, and being part of a team is a big part of that. It isn't so easy to do in isolation at home."


