As COVID-19 prompted massive workplace closings this spring, remote work became mainstream. Indeed, from March 13 – just before most lockdown orders –  to March 30, the number of Americans working remotely doubled, from 31 percent to 62 percent, according to Gallup.

Of course, it’s not the traditional work-from-home situation: Gallup found 70 percent of U.S. parents are homeschooling, too, making it challenging, if not impossible, to maintain a typical schedule.

Whether you are a parent trying to work without childcare or a new telecommuter adjusting to a makeshift office (or maybe both), these times call for a lot of grace, a lot of patience….and a lot of flexibility.

Flexwork was sprung upon most of us in March and April, but it may be here to stay: In that first Gallup survey, nearly 60 percent of workers said they would try to work remotely “as much as possible” after restrictions on businesses are lifted. Savvy Legal Departments can use this forced Flexwork to experiment, to learn, and to emerge with forward-thinking flexible work arrangements.

What is Flexwork?

The University of Washington provides a simple definition: Flexwork is any work plan that differs from the “standard workweek” of five consecutive eight-hour days with consistent start/stop times.

Before the coronavirus, a study by The Project for Attorney Retention found that 14 percent of in-house legal departments offered “policies that create a more flexible work structure.” By contrast, 40 percent of legal departments ran on the traditional corporate model of five 10-hour(ish) days, and 30 percent emulated law firm life – “long hours, interrupted vacations, and the like.”

How Does It Work?

Unlike more process-oriented working methods (such as Lean Six Sigma, which we profiled last time), Flexwork doesn’t require a major shift in how you handle matters. In non-pandemic times, Flexwork stems from a tacit agreement with individuals that their work will get done – just not necessarily on a traditional timeframe.

Flexwork options used by in-house lawyers, as reported by The Project for Attorney Retention:

• Telecommuting (formal and ad hoc) – 64 percent
• Flexible start-stop times – 61 percent
• Compressed workweek (e.g., four 10-hour days) – 8 percent
• Job sharing – 1 percent

When asked what Flexwork options are the most helpful, flexible start/stop times was No. 1, with 74 percent – and again, that’s before COVID-19. Notably, it also ranked No. 1 when respondents with no Flexwork options were asked what they would be most likely to use.

Who Does It Work For?

Between laptops and cloud resources, such as matter management software, most legal department personnel are well-suited for flextime from a practical standpoint.

From a cultural standpoint… that’s another matter. In a department or organization where “face time” is highly valued, expectations to adhere to the 9-to-5 norm may discourage the use of Flexwork options even when offered. Indeed, The Project for Attorney Retention study asked respondents to rate the career compromise associated with various Flexwork policies; they said every option would have at least a slight effect, with some impacting their careers “a great deal.” 

Only one-third said their company’s executive management was “very supportive” of their work-life needs.

This is one area where the coronavirus crisis may give us an opportunity to grow as a profession: Everyone is Flexworking right now, and most are functioning quite well. As we get “back to normal,” let’s remember this – and let go of our collective baggage surrounding the traditional workday. (This issue hits home for me; in 2012, I built Hive Legal, a law firm built on remote working and flexible scheduling. I know it works – for lawyers and for clients.)

What Do You Need?

Culture issues aside, Flexwork is easy to implement – although it can be chaotic when unplanned, as we all now know.

Under normal conditions, Flexwork is best with:

• Hardware. Team members who work from home should have requisite equipment, including laptops, monitors, printers, et cetera. Consult your IT and HR departments to determine what could be loaned or reimbursed.
• Software. Team members should have access to the full suite of department resources, from document management to research.
• Visibility. It’s critical that those working on a different schedule or in a different setting not be out of sight, out of mind – and it’s critical that others in the department are well-versed on the status of their projects. Maintain regular department “meetings,” even if done by Zoom, Teams or phone. A cloud-based matter management system, like Xakia, can provide easy access to “who’s doing what,” and when it’s needed.
• Set expectations. The foundation of Flextime is, well, flexibility, but relationships with both the department and the business clients depend on reliability. Establish times when you will be accessible; share your schedule; and make use of out-of-office messages to provide alternative contacts in case of emergencies.

Can You Start During COVID-19?

Most of us already have! A better question: “Can we use COVID-19 as the start of real Flexwork?”

We will see you in two weeks; until then, be safe and be well.

Jodie Baker is the founder and CEO of Xakia Technologies. An innovator, entrepreneur and LegalTech advocate, Jodie has a background as an in-house lawyer and financial analyst; was the architect, founder and managing director of Hive Legal; and is President of the Australian Legal Technology Association.