Law Firm Leasing Activity Craters as Industry Rethinks Its Real Estate Footprint
Firms may reduce their square footage by 10% to 15% even after the COVID-19 pandemic subsides, said one real estate adviser.
May 19, 2020 at 10:33 AM
7 minute read
Law firm leasing activity has ground to a near halt in New York, while law firms wait out relocation decisions and redesign their current spaces to prevent the spread of the coronavirus.
Overall, the pandemic will likely result in long-term changes for law firm offices, said Jeffrey Peck, a real estate adviser to law firms and a vice chairman at Savills. While law firm leasing activity will eventually pick up, firms may decrease their overall footprints, taking up 10% to 15% less square footage, he said, because some people will continue working from home.
"There's very much a wait-and-see attitude as to what percentage of the workforce is coming back to the office," Peck said.
The drop in leasing activity has been remarkable. Looking at all large law firm lease deals over 30,000 square feet in New York, there were five leases signed in the first four months of 2019, compared with only one signed (a sublease) in 2020, said Nancy Muscatello, a managing consultant at CoStar Group, which tracks real estate activity. Overall, office leasing activity, in expansion or relocation, is down 50% nationally in the first four months of 2020, she said.
"We have an absolute slowdown on real estate transactions," said Sherry Cushman, a vice chairwoman at Cushman & Wakefield who advises law firm clients. Law firms "are either putting them on hold, if they can buy time," or renewing leases by one to three years to determine the long-term pandemic impact, Cushman said, noting that's a reversal from last year, when more than half of law firm leasing transactions were relocations.
Some big firms have already put off leasing decisions. For instance, Allen & Overy, which was reportedly close to signing a lease at Tishman Speyer's 630 Fifth Ave., instead agreed to a five-year extension to its current lease on its New York base at 1221 Avenue of the Americas.
Peck, at Savills, said he's aware of at least five or six other firms that are considering or have already executed one- or two-year extensions since the pandemic started.
While they are holding off on moves, some firms are negotiating with landlords for rent relief for several months to preserve cash flow now, Cushman said. In some cases, firms are offering to pay landlords at year-end when they have higher collections. The situation varies by the firm and by the market, she added.
And many law firms are contemplating subleasing some of their space because they want to shed extra square footage.
Cushman anticipates that law firms, in the next few years, will execute more renewals and many firms will shed space because the "new workplace model" will be less office-centered, with a select group of employees home permanently or on a flex-time schedule. "We are anticipating that come 2021 and 2022, when law firms have a better sense of what their people will do, we will see more renewals, restructuring and give back of space," Cushman said.
Some firms, Cushman said, are also considering satellite offices in suburban markets, outside the core offices in larger cities.
Phased Office Return
While they have held off on leasing decisions, tenant law firms are now focused on the safety of their current law firm space, Peck said.
Peck said Savills is advising more than 50 law firms in Manhattan on changes to their office space, speaking with law firm leaders about "what it's going to look like … so that your staff and partners feel comfortable."
Firms have formed committees to handle back-to-office procedures and have hired consultants, including real estate advisers such as Savills and Cushman. Many firms are considering staggering their reopening, with only a portion of people coming back at first.
Based on local and state laws and market conditions, Cushman said she anticipates that law firms will begin with about 20% to 25% of the workforce returning to an office and phasing in the remainder through the end of the year.
"Each firm is evaluating who those 25% will be," she said, noting that even if they make a decision that "it will be XYZ people, that doesn't mean that all those people will willfully return."
Because the legal sector occupies so much space, it has an easier transition, Cushman said. Law firms have traditionally operated with 300 to 400 square feet per employee, while most sectors have adapted to under 150 square feet for employees, she said.
"Law firms that were resilient to the densification trends are now in a better place" than others, Peck said, because they still kept private offices along the perimeter.
But while Big Law offices can transition faster, Cushman said, law firms will still be one of the slowest sectors to fully return to the office. Many law firms are located in so-called vertical markets—with high rises and a reliance on public transportation—raising particular health concerns.
Redesigning the Office
With attorney offices around the perimeter, only certain areas in law firm offices will have to be completely redesigned, real estate advisers said. In many cases, the adaptions will mean new furnishing solutions and new protocols,
"It's less about moving walls," Peck said, noting the changes may entail new cleaning procedures, UV lighting, air filtration, protocol around the building entrance and behavior changes such as preventing surface touching.
And many of the larger firms that shifted to create more open collaborative areas "will have to rethink, like the rest of New York City, what to do with open space," Peck said.
Some firms are also considering hiring their own staff to clean more extensively and reopening offices without any food or drink—not even coffee—to prevent crowding or surfacing touching, Cushman said.
Real estate advisers have designed diagrams that tenants could use to implement the 6-foot rule in conference areas and open plan work stations. Some groups, such as the New York State Bar Association, have already outlined guidance on how firms can safely arrange offices.
"We've seen clients physically take away chairs," said Katrina Kostic Samen, who is head of workplace strategy and design at KKS Savills, adding there's also renewed interest in installing doors that automatically open and close, as well as wearable sensors that may warn if someone comes close.
Meanwhile, firms will need to work with the landlord to understand the safety of the elevators, restrooms, staircases and signage, Kostic Samen noted. "The whole property management aspect of a building is going to be pushed front and center. Your property manager, your building manager is going to be your best friend … who reassures you the space is clean, it's sanitized, 6 feet apart," she said.
With all the social distancing changes in place, it's natural to ask: What's the point of returning to the office if law firms eliminate close collaboration and everyone works in their own private space?
"The concern is that the longer people are away, and if more people don't fully return, then their firm culture could be diminished," Cushman said. "Part of the evaluation of the return to the workplace will be the impact on firm culture."
Read More
With Return to Offices Still Uncertain, Big Law Shifts From When to How
California Law Firms Plan To Be 'Guided by the Science' on Office Reopenings
Law Firm Office Reopening Guidance: Wear Masks and Take Attendance
As Texas Reopens, Most Law Firms Stick With Remote Work
From Masks to Staggered Staffing, Firm Leaders Plan Reopening—But Aren't Rushing
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