Over the past two decades, like most industries, the legal profession has moved toward digitization, mostly with regard to the transfer of documents, communication, streamlining of processes, legal tools, e-filing/e-service and information storage. The coronavirus pandemic has not only rapidly accelerated this trend, but also digitized an even more traditional aspect of the legal profession: face-to-face interaction.

As a result of the pandemic, the highly valued concept of face time has been almost entirely digitized. Body language, eye contact and many of the other virtues and benefits of face-to-face interaction have moved online.

Courts across America are holding virtual hearings, conferences, arbitrations and even trials. Litigants are taking and defending virtual depositions, which differ drastically from pre-COVID-19 virtual depositions, during which at least the court reporter and witness were in the same room.

Many of the spontaneous encounters that took place within the office are now planned and formal, despite a relatively relaxed dress code. Around the office, colleagues are no longer stopping by to discuss legal concepts but are instead scheduling Zoom calls. Likewise, law firm engagement activities are being replaced with virtual happy hours and team-building games.

Put simply, the entire practice of law has seen an accelerated digitization as a result of the COVID-19 pandemic. And while courts will eventually open and individuals will return to the office to some degree, the drastic changes to the profession and brick-and-mortar office space raises a pressing question: What will the return to work look like?

While the pandemic will leave lasting changes on remote work, brick-and-mortar office space won't be completely eliminated, at least in the near term. For one thing, there are obvious challenges associated with maintaining a remote work environment in the short term, including child care, home schooling and office space within the home. As governments ease lockdown measures and firms look toward returning to work, law firms and other legal organizations need to prioritize the health and safety of lawyers and staff above all else. This has to be non-negotiable.

Ultimately, that means that we will go back to physical spaces, but they will look much different than they did in early March and will likely require us to continue embracing aspects of the digitized face-to-face interactions used while working from home.

As law firm management committees continue to consider and implement back-to-work plans, many changes are on the table. In this uncertain environment, however, it is hard to gauge how many accommodations will be necessary or for how long. As we have learned in the past few months, the profession can, in nearly all respects, function remotely. To the extent that remote work cannot take place, firms must follow the the Centers for Disease Control and Prevention road map, which prioritizes the following:

• A robust COVID-19 workplace health and safety plan;
• Workplace ventilation and HVAC systems;
• Thorough hazard assessment to identify where and how employees might be exposed to COVID-19 and response thereto;
• Modification of furniture and workstations to maintain social distancing;
• Removal of high-touch communal items like coffee pots and water coolers;
• Temperature checks;
• Implementation of regular sanitization protocol of frequently touched surfaces;
• Daily COVID-19 symptom checks (and admonish employees to stay home if any of those symptoms exist); and
• Staggered shifts, start times and break times.

We urge legal organizations to be conservative in this respect and go above and beyond applicable health and safety regulations to ensure that team members feel safe and in fact are safe. The most recent research on the subject indicates that 20-40% of COVID-19 carriers are completely asymptomatic. And it continues to remain unclear how, in major metropolitan areas, lawyers and staff will commute to work. The CDC recommends avoiding mass transit, but that is the exclusive means of transportation to many law firm employees in this country.

All of these factors make an imminent return to many legal offices highly complex. Therefore, returning to work will require a high degree of flexibility that was simply out of the question before COVID-19. With flexibility, however, comes opportunity both for law firms and the attorneys working in them to evaluate office policies for the long term.

First, firms should consider whether return to the office is even necessary. Traditionally, in law firms, face time is often used as a badge of honor—first in the office and last out. However, if productivity and quality are remaining consistent throughout the pandemic, what case can be made for maintaining strict face time requirements?

As lawyers around the world have been working from home while maintaining productivity, firms should consider whether reduced overhead costs for big-ticket items such as office space may enable them to provide their clients with more diversified pricing models. Firms can also now diversify their recruiting pipeline as team members will be more inclined to take a job that's further away from the office. This provides an opportunity for attorneys faced with tough decisions around the prospects of homeownership, climbing rent prices and commute times.

Second, one size is not going to fit all for returning to the office. Some employees will not be able to return to the office in the near term because they are members of vulnerable groups or live with members of vulnerable groups; others may not be able to return because they have other constraints such as access to child care; and still others may refuse because they're concerned about the health and safety risks around transportation and shared office space.

Law firm leaders should be mindful of the impulse of younger attorneys to "fall in line" and return to work even though these young attorneys may not be ready to do so. In particular, first-years and junior associates may feel more pressure to return to work, despite potentially having anxieties around reliance on mass transit or an underlying condition, out of fear of being penalized for continuing to work from home. Associates should have an honest conversation with senior attorneys and partners about their preferences and plans for returning to the office. Law firms should take a thoughtful, gradual and coordinated approach that prioritizes the physical and emotional health and safety of their employees. Once offices are reopened, firms will need to monitor the situation and respond quickly to any exposure concerns. Lawyers should be transparent about their individual circumstances and continue an ongoing dialogue with firm leaders and human resources to ensure everyone's needs are heard and met.

Third, lawyers (and especially young lawyers) must respond to their newfound flexibility in the workplace with professionalism and accountability. In the end, law firms are businesses and, as COVID-19 is impacting the bottom line, firms will prioritize their most productive employees.

Therefore, it's critical that associates working from home don't allow their productivity to slip. Associates should make sure that they're accessible through all communication channels during working hours and adhere to scheduled deadlines. Moreover, young lawyers are in the best position to embrace and hone skills related to the digitization of the practice, which will make them more valuable to their teams and clients.

Finally, associates should ensure that they continue to get the support they need from their colleagues and senior attorneys so that they can maintain optimal performance. Now more than ever, physical distance doesn't mean we can't stay socially connected. Mentorship opportunities should still be available, as well as regular coffee dates and luncheons done virtually. In fact, this may be an opportunity for associates and firms to broaden mentor relationships beyond physical proximity. Firms may want to consider mentorship lists or "rolls" that allow and encourage mentees to reach out to more senior attorneys on designated topics, for example.

These are trying times for employers and employees alike who are trying to figure out how best to navigate the new normal. Maintaining flexibility and prioritizing the health and well-being of employees will be essential, as will a focus on digital enablement, which continues to shape the practice and our interactions in the workplace.

The views expressed here are personal to the authors and do not represent the opinions of their employers.