Hell No We Won’t Go: Partners Respond to RTO Mandates

Partners love their independence. Make it LOVE their independence.

Remote work was the license for more independence — and a changed lifestyle for so many. And the Return to Office mandates are as much about taking this treasured independence away as it is about anything else. Maybe more.

Hell No versus Hell Yes

With RTO on the rise — we asked over 1,000 partners for their confidential views on Return to Office mandates. These include every size firm from the elite to the smallest boutique — and every type of firm in between. The results look like this:

Emphatic No

50.2% of partners are in the Hell No camp. They are adamant in resisting the mandate — especially a 5-day a week requirement. Here’s why:

• • No one else will be there
  • I am more productive working remotely
  • Remote options keep the edge off
  • I go in when I need to
  • I am an adult and can manage my schedule
  • I collaborate more when remote — it is easier to reach out by text and Zoom — “and can you believe I get better response when my colleagues are remote”

Mostly No

24.3% of partners indicate the benefits of flexibility outweigh the drawbacks. They advocate for the remote and plan their lives based on a hybrid model. They quietly resist any mandate.

Absolutely Yes

6.1% say hell yes — they bring strong conviction in their belief being in the office full time is the only way to go. They believe the others don’t understand the intangible benefits. Here’s why:

• • Better collaboration
  • Training less experienced attorneys
  • Improved productivity
  • Higher engagement levels
  • Builds firm culture

The remainder of respondents are agnostic.

A research project discussed in The MIT Sloan Management Review found no evidence of improved financial performance while reducing worker engagement under an RTO mandate — and improved engagement under more flexible arrangements.

Here’s What Law Firms Can Do

With the most elite firms showing widely differing strategies — this is turning into a growing battleground for recruitment and retention. Here are what law firms can do to manage the in-office strategy:

• Ask each practice group to define the best policy for the practice group.
• Give voice to attorneys and staff when making in-office decisions — this will soften the blow and may yield some good ideas.
• Find uniformity — few things will kill a mandate faster than leadership partners ignoring it. Noncompliance is almost always soft but immediately spotted by every attorney in the vicinity — and word spreads.
• Make the office more of a magnet — lattes and food are great but natural light, space to walk, and the ability to leave an attorney’s office and think are immensely helpful — as is seeing colleagues in the office at the same time.
• Develop a case-specific protocol — some matters require live, real-time collaboration. Ask the team to be in-office during the life of the matter — or intense parts of the matter — and then revert to more flexibility.

It’s a Knee Jerk Issue

Any perceived threat to independence provokes an immediate — and strong — reaction. Treating RTO as a strategic talent issue is key. Ultimately it’s about emotion — not attendance.