The global coronavirus has brought into sharp focus the fact that law firms that were “already ahead of the curve” in being “remote ready” or having implemented flexibly working arrangements have been better able to adapt to unforeseen circumstances and remain productive and profitable.

In conversation with Lawyers Weekly, The Remote Expert principal Emma Heuston said the pandemic “has shown us many objections to work from home or flexible work arrangements were not necessarily viable objections where firms that previously rejected such requests on business grounds can now accommodate remote and/or flexible work”.

“Further, the firms that operated from home or casual co-working spaces have been able to keep their overheads lower and remain more profitable,” she added.

Boutique law firms must use the pandemic as an “evaluation” of what works and doesn’t work when it comes to remote work and WFH arrangements, Ms Heuston posited.

“It will be clear where online arrangements work well and where face-to-face meetings or team get-togethers are important. I am of the view that it is important for firms to recognise that the pandemic is not typical of work from home arrangements more generally – particularly where homeschooling was combined,” she outlined.

“I encourage those firms to give a mix of work from home arrangements and in-office contact a go once school has returned to get a real measure on how productive work from home arrangements are.”

When asked what steps must be taken by such firms to update their workplace policies and employment contracts to allow for more flexibility and freedom to work from home or work remotely, Ms Heuston said: “Firms should document updated arrangements in writing. Ideally, any work from home arrangement during the pandemic should be noted as a temporary variation to an employment contract as a result of the pandemic.”

“Then, once things are returning to normality or what the future will look like once the pandemic has passed, arrangements should be reassessed and put in writing,” she said.

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Firms will, however, need to ensure that they remain in control of their arrangements and actively engage employees in consultation around managing their workspaces and return to the office, Ms Heuston warned.

“This is in direct contrast to a situation where they permit work from home arrangements for so long without formally agreeing on them that an employee can rely on the arrangements and insist them continuing to the detriment of the firm,” she said.

“Moreover, firms need to implement remote work expectations and boundaries in their employee handbooks and guides and have a remote work policy in place that sets out the situation around work hour expectations, use of technology, data security and work health and safety issues.

“These challenges can be overcome with communication and putting into place clear guidelines.”

Looking ahead to a post-pandemic world, Ms Heuston noted that a number of colleagues of hers have mused they plan to work from home a couple of days a week once things are back to normal, and she encouraged firms and employees to start having those discussions now about what might those arrangements look like and how will they best be implemented.

“The pandemic forced remote work overnight, but with more time to plan, these new arrangements need thoughtful action that will assist with planning long-term. Now is the time to start turning our mind toward these issues,” she concluded.

“I also encourage those who have not loved working from home during the pandemic to try it when we are not subject to a pandemic and try it for a mix of work from home and in-office days each week to see what they think about it then.”

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Jerome Doraisamy

Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.

You can email Jerome at: This email address is being protected from spambots. You need JavaScript enabled to view it.