Davis Polk Won't Delay Its New York Office Reopening, But Adjusts Its Face-Time Expectations For Attorneys

A specific number of days per week in the office will no longer be required.

When we last checked in with Davis Polk — the law firm responsible for both the new compensation scale and the special bonuses that have spread through Biglaw like wildfire — they were planning to reopen the New York office on September 13, with lawyers “generally” expected to be in the office three or four days each week. This plan was announced in mid-July, and since then, many firms have walked back their original plans, pushing back their reopening dates until later in the fall due to the spread of the Delta variant. What is Biglaw’s new compensation leader planning to do?

Davis Polk will stay the course with its planned September 13 reopening date for the New York office — but with a few adjustments. Of note now is the fact that DPW will no longer require lawyers to come to the office a specific number of days per week. Here’s an excerpt from a memo that was sent out yesterday morning by Neil Barr, the firm’s chair and managing partner (full memo available on the next page):

[W]e are mindful of the fact that you are as busy as you have ever been and that you have been so for a very long time. Given our exceedingly high activity levels, we recognize that flexibility is very important right now. To that end, for our initial trial period we ask that associates and counsel return to the office regularly, but we will not require a specific number of days in the office per week (as was previously contemplated in the July 12 email). For now, we will leave it to you, in your judgment, to arrange an in-office cadence that works for you in light of your client and personal obligations.

Barr goes on to mention that the firm reopening on schedule to provide professional development and career opportunities that are “simply not as effective in the remote environment” — opportunities like mentorship, training, and creating meaningful relationships. People form meaningful and lasting relationships remotely all the time, but we suppose this is a no-go at law firms with costly real estate footprints. “I trust that you will find the right balance between in-office and remote work during the initial trial period,” Barr noted. “We will be happy to work with you to provide guidance based on your particular circumstances.”

Davis Polk has also updated its some of its safety protocols for those will be working in the office. The firm has already barred the unvaccinated from its offices, and come reopening time, those experiencing any COVID symptoms will not be permitted to enter the office. New standards for common-area masking will now be in effect, and masks will be required for any gathering of more than four people. On top of that, indoor meetings will be limited to no more than 15 people.

(Flip to the next page to read the full memo from Davis Polk.)

What has your firm announced as far as a reopening plan is concerned? The more information is out there, the more likely it is that firms will be able to establish a market standard for a return to work.

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As soon as you find out about the reopening plan at your firm, please email us (subject line: “[Firm Name] Office Reopening”) or text us at (646) 820-8477. We always keep our sources on stories anonymous. There’s no need to send a memo (if one exists) using your firm email account; your personal email account is fine. If a memo has been circulated, please be sure to include it as proof; we like to post complete memos as a service to our readers. You can take a photo of the memo and attach as a picture if you are worried about metadata in a PDF or Word file. Thanks.


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

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