Survey Shows There's A Gender Divide Regarding The Return To In-Office Work

It's clear that something needs to change, both at a societal level and within law firms.

As vaccine rates increase and businesses start to open up, one question on many people’s minds is what “back to work” will look like. While many employees are on the fence about the when and how of the return to work, some employers have already made the call, including some law firms. According to recent reports, some large law firms have already announced their plans for the return to in-office work, while others are planning to allow select attorneys to work remotely.

Of course, it remains to be seen whether requiring the return to full-time in-office work is the right choice. In fact, the results of a recent survey show that not all lawyers are on board with this idea. The survey results show a stark divide when it comes to the return to the office and that many attorneys prefer a hybrid option — something law firm leaders should consider before making final decisions.

The survey in question, “Lawyers Perspectives on Returning to the Office,” was conducted by Law360 Pulse and Major, Lindsey & Africa. More than 2,500 attorneys responded to it and the results provide lots of insight into how different segments of the legal professional population view the return to in-office work.

The results of the survey indicate that the opinions of attorneys about the return to in-office work vary greatly, with a clear generational and gender divide. Earlier this week I discussed the results regarding the age and generational divide, and today I’m going to address the findings as they relate to gender.

But first, let’s take a look at overall perspectives on the return to work. According to the results, only 21% of the attorneys surveyed would like to return to the office “as soon as possible.” Half, 50%, shared that they were most comfortable returning only after getting fully vaccinated. Another 20% preferred to return once the government declared herd immunity, while 16% wanted to do so once their employer required it. Lastly, 4% had no plans to return to the office.

Similarly, not all survey respondents were excited about the return to in-office work. According to the survey results, only 23% of attorneys were “very eager” to return to work once their preferred conditions were met. Additionally, 16% were “eager,” 24% fell squarely in the middle, 16% were “less eager,” and 21% were “not eager at all.”

The results of the survey showed that most respondents preferred to return to work on a hybrid schedule that included in-office days and remote working days. According to the report:

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Only 21% of respondents saw themselves returning every day, while the largest group (45%) would prefer to settle into a “few times per week” routine. Fifteen percent (15%) were more conservative, seeking to return either a few times a month or less.

That being said, there was a large disparity in the results once they were broken down by gender. As explained in the report, women were less eager to return to in-office work and more cautious about the circumstances in which they returned:

Twenty percent (20%) more men than women were “eager” or “very eager” to return to the office. Women who responded to the survey were 10% more likely than their male counterparts to wait for herd immunity before returning.

Men and women attorneys were mostly in agreement regarding one issue: that vaccination should be the bar for the return to work, with 49% of men and 51% of women respondents choosing that option. In comparison, nearly twice as many men (26%) wanted to get back to work “as soon as possible” while only 15% of women were in that camp. Lastly, 26% of women preferred herd immunity as the bar for the return to the office, while 16% of men chose this option.

Women attorneys also shared that they were less likely to want to return to the office five days per week compared to male respondents. In fact, men were twice as likely (27%) to prefer the return to the office every day compared to only 13% of the women attorneys surveyed.

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Notably, no matter how you sliced or diced it, women attorneys reported that they were simply less eager to return to the office overall compared to men. Specifically, 29% of men and 15% of women were “very eager” to return to the office. Almost half, 47%, of men were “eager” to return to the office compared to 28% of women. And 26% of women and 16% of men were “not eager at all.”

The report suggested a number of different proposed reasons for the disparity, including the increased burden of childcare responsibilities and the desire for work-life balance. Regardless of the reason, it’s clear that something needs to change, both at a societal level and within law firms.

Legal talent is at a premium, and in order to retain attorneys and ensure continued success in the months following the pandemic, it’s important for law firm leaders to fully understand and address the valid concerns and preferences of their firm’s attorneys. The failure to do so could result in the very real risk of experiencing the migration of foundational talent from law firms, an event that could very well have a detrimental impact on the long-term recovery from the effects of the pandemic.


Nicole Black is a Rochester, New York attorney and Director of Business and Community Relations at MyCase, web-based law practice management software. She’s been blogging since 2005, has written a weekly column for the Daily Record since 2007, is the author of Cloud Computing for Lawyers, co-authors Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York. She’s easily distracted by the potential of bright and shiny tech gadgets, along with good food and wine. You can follow her on Twitter at @nikiblack and she can be reached at niki.black@mycase.com.