Pennsylvania Gov. Tom Wolf. Photo: George Sheldon/Shutterstock.com

Lawyers across Pennsylvania are cautiously preparing to return to their offices, as more than half of the state's 67 counties have moved to the initial stages of reopening the economy, referred to by government officials as the "yellow phase."

While some local firm leaders say their practices have fared well financially throughout the national work-from-home experiment intended to slow the spread of COVID-19, many midsize and smaller firms are eager to return to their physical offices. And they're preparing to navigate myriad health and legal issues.

Firm leaders said they are carefully adhering to the Pennsylvania Department of Health guidelines for reopening businesses to guide them, as well as the Centers for Disease Control and Prevention. But there is significant latitude in the implementation of many protocols, such as proper social distancing and temperature checking.

"We have planned this to death and we are ready to go," said Brian Jackson, managing partner of McNees Wallace & Nurick, a full-service law firm based in Harrisburg.

"I can't wait to get back to the office, but we will not return to how it was. We will comply with CDC and DOH guidance," Jackson said. The firm also plans to accommodate those who need to continue working remotely, he added.

With about 150 lawyers, McNees Wallace has eight offices, five of which are located in Pennsylvania. The firm's Harrisburg, Lancaster and Scranton offices remain closed—they are located in counties where the government has not yet allowed businesses to reopen. Dauphin County is set to enter the yellow phase Friday, while Lancaster and Lackawanna counties may reopen June 5, based on current plans. McNees' State College office opened last week in the first wave of counties that went yellow, and the York office opened May 26.

The State College office has just a handful of people, so employees are checking their temperatures at home before reporting to work, said Jackson, and they are all wearing masks in the office. The Harrisburg office, with upward of 100 employees, will be checking temperatures at the door using a thermal scanner.

The firm is trying to minimize risk of spread by limiting visitors, screening guests, and only using select conference rooms for meetings. "A conference room that sat 20, may now seat five or six," Jackson explained.

As for legal work since mid-March, Jackson said, "We have remained busy." The firm is offering many clients business counseling related to the CARES Act.

"Our employment and government relations attorneys are very busy, helping businesses determine if they can operate and what they need to do to keep employees safe," he said.

Many firms are planning phased returns and will operate in a hybrid mode, continuing to accommodate employees that need to work remotely due to child care or health issues.

Some large firms, such as Faegre Drinker Biddle & Reath, are so pleased with how they have adapted to the remote work environment that they plan to keep it that way for a while.

"Faegre Drinker's current firmwide remote work policy is in place for the foreseeable future—we do not have a date certain at this point when we may open any office for the return of our colleagues," Faegre Drinker chief operating partner Jane Koehl said in an emailed statement.

"When we do open an office, colleagues will be invited to return in phases, and the firm will support colleagues who prefer or need to work remotely," she added. 

But some smaller and midsize firm leaders feel they've been kept out of the office too long already.

"Local experts, including health and government officials, have reached out to Gov. [Tom] Wolf saying we should be in the yellow phase, and as more momentum moves in that direction, a lot of businesses will move to the yellow stage on their own," said Joe Bubba, partner at Fitzpatrick Lentz & Bubba, a general business law firm with about 35 attorneys based in Allentown, which is expected to enter the yellow phase June 5.

"Even if we are still in the red, if we see businesses starting to open up, we would consider opening," he said.

The firm is thinking about safety measures it will use when it does go back to the office. Fitzpatrick Lentz will designate a safety compliance officer and will likely have a group of employees participate in COVID-19 compliance training. All employees and guests will use one entrance and a trained employee will take temperatures using a touchless forehead scanner. The firm will also post a sign at the door instructing individuals with certain symptoms to return home.

"We are reviewing the logistics of the process with our HR lawyers to make sure we do it the right way," Bubba said. That includes how to privately communicate to an employee if their temperature is elevated.

While he is eager to return, it's not because work is lacking in the current state of things. Bubba said Fitzpatrick Lentz has not witnessed a significant drop in revenue since the stay-at-home order took effect.

"Our entire employment and banking group is busy due to loan program applications and businesses seeking exemptions from state guidelines," he said.

Many of the firm's clients have applied for and received funding under the Paycheck Protection Program, established by the CARES Act. And many are contacting the firm for guidance on HR issues related to COVID, including employee benefits and computer privacy, he said.

"We have learned that you can accomplish things with employees working from home," Bubba said. "However, the social interaction and collaboration that goes on in the workplace is missed by everyone. Even in 2020 the optimal work environment is still in the office."

Wolf, like many governors across the country, has rolled out plans to gradually reopen businesses as pandemic-induced closures have ravaged companies large and small. Of Pennsylvania's 67 counties, 49 have moved to the yellow phase, which eases some restrictions on work and social interactions, while others, such as closures of schools and gyms, as well as limitations around large gatherings, remain in place.

The state has issued specific health and safety guidelines for all businesses moving to the yellow phase, including cleaning protocols, procedures to be followed if an employee tests positive for COVID-19 and proper contact tracing.

The guidelines specify taking each employee's temperature before they enter the business and sending home those who have a temperature of 100.4 degrees Fahrenheit or higher. All employees must wear masks as well.

Still, some businesses and organizations have adopted more cautious standards, given that many patients who test positive for COVID-19 only suffer a low-grade temperature.

"We are planning to use the 99.5 [degrees or below] standard, using a self-taking infrared scanner," says Terry Goldberg, a trial attorney and partner focusing on personal injury and workman's compensation at Haggerty, Goldberg, Schleifer & Kupersmith, based in Philadelphia. The firm has about 23 attorneys, with nine offices across Pennsylvania.

The firm has made some physical changes to its office, as client visits are often essential for running a personal injury firm.

"We are in the process of installing, in all offices, plexiglass dividers between the receptionists and guests, and will have only scheduled appointments at the start," Goldberg said. Everyone in the office will be wearing masks.

"We are not adhering to sick time. If you are sick, stay home," he added.

The firm is already handling several class action claims against insurance carriers for denying coverage for business interruptions related to COVID-19. Goldberg said firm revenue has remained fairly stable, but anticipates a period where case inventory will be lighter, due to the closures.

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