From Masks to Staggered Staffing, Firm Leaders Plan Reopening—But Aren't Rushing
Several law firm leaders said it's still too risky to bring people back to the office, but they are busy planning how to adapt offices for maximal public safety.
May 07, 2020 at 03:07 PM
9 minute read
The original version of this story was published on Daily Report
Atlanta's large firms are in no hurry to reopen their workplaces even after Georgia Gov. Brian Kemp lifted the statewide shelter in place order last week.
Law firm leaders queried by the Daily Report said the public health risk is still too great and there isn't any immediate time pressure to reopen, since remote working is going well—although some attorneys and staff are eager to get back to the office.
The earliest that any envisioned even a partial return was mid-May or June 1. Whenever it happens, office reopenings will be gradual and phased to facilitate social distancing, and likely voluntary at first. And workplaces will look quite different, with people wearing masks, partitions between desks in open areas, no visitors and signage giving direction on social distancing.
"The general guiding principle is everyone's safety. Safety is paramount," said Bryan Cave Leighton Paisner's Atlanta managing partner Eric Schroeder.
Bryan Cave is not even considering bringing its 170 lawyers and staff back to the local office until mid-May at the earliest, "and even that's fluid," Schroeder said. "When we do, it will be largely voluntary. I don't see a mandatory or full return to the office happening until much later in the year."
Requiring office attendance might not even be the "new normal," he added, particularly with the risk of a second wave of infection.
Georgia Supreme Court Chief Justice Harold Melton on Monday extended the closure of state courts from May 13 to June 12, which also reduced any sense of urgency around reopening.
Lewis Brisbois Bisgaard & Smith's Atlanta managing partner, Scott Masterson, said he'd planned to initiate a phased reentry for the 142-employee office, which primarily handles litigation, to coordinate with reentry to the courthouse in mid-May. "But if the courts are still closed there's no real reason for me to create any risk when our people can effectively do their jobs at home," he said.
"I can have lunch with a plaintiffs lawyer, we can go bowling, get tattoos or get our nails done–but we can't go to a hearing. As a trial lawyer it's really frustrating," Masterson added. "It's sort of a surreal world we're living in."
|May 15—Or Maybe Not
Hall Booth Smith managing partner Alex Booth said the firm's latest communique to employees said they will work remotely through May 15. "That is always subject to change, based on what's happening out in the world," he said.
Like other firm leaders, Booth envisions a gradual restart, even though he said some people are anxious to return to work. It's far too soon to require a mandatory return to the office, he said. "We're not going to pressure anyone to come in."
Logan Ide, president of legal recruiting firm Latitude Atlanta, said he's not hearing of any big push for a quick reopening. Some local firms have targeted June 1 to start allowing people back in the office, but that "depends on how things evolve," he said. "Firms won't be driven by state and local direction. They'll make their own determinations, but on the conservative side."
Taylor English Duma's chief administrative officer, Jay Boros, said it is considering a "soft return" in the next two weeks. The firm's core operational staff has been rotating through the office on a regular schedule, he said, which he envisions gradually expanding to the 200 lawyers and staff in its Atlanta headquarters. "We'll have more people on the schedule but keep the office density lower to allow for social distancing."
"The challenge now is that we have people who are really interested in coming back in," Boros added, which must be balanced with safety concerns.
Fisher Phillips' chairman Roger Quillen is tentatively targeting mid-May to start returning people to its 75-person Atlanta headquarters—and might wait until the end of the month.
"We will continue to encourage remote work, and we'll be slow to bring people back," Quillen said, adding that the firm's 36 offices nationally have local discretion.
Quillen also wants to make sure that the firm's Midtown building at 12th and Peachtree streets is prepared for a re-influx of people. "Will we see a cluster of 12 people waiting at the elevator bank? How many people will be in other shared spaces?" he asked.
|No Good Data
A lack of reliable data on how widespread COVID-19 is in Atlanta means it's difficult to make good decisions on when and how to reopen, the law firm leaders said.
Morris, Manning & Martin has not yet decided when people will return to its Atlanta headquarters or in what order because the information is still too fluid, said managing partner Simon Malko. "Planning is hard to do, since in Georgia the data lags by about two weeks. There is no way to know if cases are currently spiking or plateauing," he explained.
Bryan Cave's Schroeder said he needs to see that the coronavirus' spread has stabilized. "We don't have a clear picture, since testing just ramped up."
Georgia labs have doubled the number of tests processed in the last two weeks, but a sharp increase in sample collections has temporarily overloaded lab capacity. The state on Thursday had more than 31,000 confirmed COVID-19 cases and 1,300 deaths.
"Some folks are raring to come in the office, but many are very anxious, especially those living with immunocompromised people," Schroeder said, adding that he doesn't think returning people to the office is realistic until the data is more clear.
Childcare for working parents is another variable. Homeschooling is winding down, but Malko said parents don't yet know if they can use camp for childcare.
"People are really struggling to find out what to do on childcare," Booth said. "We'll defer to them on when and if they want to start coming in."
Masterson said he'd planned to decide May 15 when to reopen Lewis Brisbois' Atlanta office, once summer childcare options were more clear, but on Monday he notified its 142 lawyers and staff to plan to keep working from home. "Right now we don't have good data," he told them.
|Masks and Rotating Schedules
The lack of definitive government guidelines for a safe workplace also makes reopening complicated, said the law firm heads. Their firms have internal task forces monitoring the latest CDC and OSHA guidance and developing safety protocols such as social distancing, but for employers, Schroeder said, "There is no defined standard of care. Right now, I think it would be negligent [to fully reopen]."
Firms are grappling with questions such as: How many people are appropriate per floor? Do open work areas, such as accounting, need desk partitions? What about kitchens and break rooms? Should firms require people to wear masks or get daily temperature checks?
When Morris Manning does reopen, Malko said, "We won't all come back at once—and the office will look very different because of protective measures. People will be wearing masks, we'll be controlling the traffic flow in the office and limiting the number of people in the elevators."
Schroeder said Bryan Cave's local office will provide masks for voluntary use, as the firm has done in its Singapore and Hong Kong offices, which have been gradually reopening. Other firms are doing the same. Many have ordered touch-free thermometers, but firms in general haven't decided whether to require office temperature checks.
"The guidance keeps changing on what needs to happen," Boros said, adding that supply chain problems have made procuring protective equipment difficult. He's ordered masks, disinfectants and hand sanitizer for Taylor English through a restaurant supply company that's now catering to professional services firms.
Some firms may rotate employees' days in the office to reduce population density. Taylor English's attorneys have individual offices, but Boros is considering how to schedule staff for social distancing. The firm's open work areas have pods of eight to 10 cubes, so he might schedule just four pod-members at a time onsite. "And at opposite ends with lots of space," he said.
|Visitors and Sick Employees?
Firms will limit visitors for the near future. Bryan Cave will not allow any visitors at first, but that may change for depositions and mediations, Schroeder said, adding that visitors will have to certify they haven't traveled.
Quillen said lawyers wanting to hold a deposition or mediation will have to give advance notice so Fisher Phillips can prepare the space. For instance, it will likely remove half the chairs in conference rooms to encourage social distancing.
Another concern, Quillen said, is what to do if employees in the workplace get sick. Fisher Phillips will be issuing guidance that any employee with COVID-19-like symptoms must be immediately sent home. If an employee tests positive for the virus, the firm will do its own internal contact-tracing. "I hope it does not happen, but we've got to be ready for it." Quillen said.
While working remotely is going well, Malko said, "Going into week seven of lockdown, there's a sense of 'Can we get back to our lives?'" Morris Manning's people are staying connected via regular Zoom meetings, but Malko said, "If we were to have to do this for a year, it would be hard to keep the fabric of a group together."
Even as firm leaders are sorting out how to safely return to the office, that does not mean an economic return to normal anytime soon, one cautioned. It will still take months before firms are able to restore pay cuts and furloughs, he said, adding "The economic damage will continue, trailing the pandemic."
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