American Bar Association Issues Report on Legal Professions Future, Highlights Government Private Sector Divide
The American Bar Association (ABA) issued a report this month on the future of the legal profession. The report highlights COVID-19’s impact on the profession and the changes that can expect to stay post-pandemic. When discussing evolutions in the profession, the ABA data highlights the divide between government and private sector firms.
The ABA surveyed members working in jobs that require a law degree from May to June 2022 and received over 2,000 responses. Nearly three-quarters (74 percent) of respondents work in private practice with the remaining respondents working in corporate law departments (7 percent), government (8 percent) and smaller numbers in the judiciary, law schools, the military, non-profits, and public interest organizations.
The report highlights the prevalence of remote work in the legal community. According to the ABA, the preference for working remotely has “substantially changed” since pre-pandemic. In 2022, 87 percent of the respondents reported that their workplace allows lawyers to work remotely. This figure includes 89 percent of attorneys in private law practice, 86 percent of lawyers in corporate law departments, and 77 percent of government lawyers.
The report indicates lawyers are working remotely for a substantial amount of time. Thirty percent of lawyers are working from home approximately 100 percent of the time. Still, another 30 percent are working in the office close to 100 percent of the time. Some 40 percent of lawyers vary in the amount of time they work from home, with 19 percent working approximately 25 percent from home and 12 percent working approximately 75 percent from home.
By practice area, the amount of time spent working remote varies substantially.
“Lawyers in private practice have the most flexibility to choose between in-office and remote work. Twenty-three percent of respondents in private practice are required to work in the office between 1 and 3 days a week, with almost two-thirds (63%) able to work remotely 100% of the time or with the flexibility to choose their own schedule,” the report explains, “In corporate law departments, 32% of respondents reported that they were required to work 1–3 days in the office, and 14% were required to be in the office 4 to 5 days a week. Like lawyers in private practice, more than half of in-house respondents (53%) were able to work remotely 100% of the time or able to choose their own schedule. Government respondents report the least flexibility to work remotely or to choose their own schedule.”
According to the report, 29 percent of government lawyers are required to report in person 2 to 3 days a week and 28 percent of government lawyers are required to report in person 4 to 5 days a week. Only 16 percent of government lawyers are permitted the flexibility to choose their own schedule.
The ABA also assessed concerns among lawyers that they would face career consequences if they did not report to work in person when asked. Among female respondents, 25 percent were concerned about missing opportunities for business development and 27 percent were concerned about being viewed as not committed to their firm/employer. Twenty and 13 percent of male respondents had the same concerns respectively.
Regarding the future of remote work, the ABA noted, “Lawyers are split in their views about remote work during the rest of 2022 and in 2023. Fifty-three percent think it is unlikely they will continue working remotely, although 39% think it is likely. A greater percentage of women than men believe they will likely continue working remotely. Significantly, the data show that remote working is more important for younger lawyers. As shown below, the younger the lawyer, the more likely they are to leave their current job for one that offers a greater ability to work remotely. Forty-four percent of lawyers practicing 10 years or less would leave for a greater ability to work remotely. At the other end of the age spectrum, only 13% of those practicing over 40 years would leave their place of employment for the greater ability to work remotely.”
Across demographic categories, most lawyers reported that remote or hybrid work either had no adverse impact or increased (1) the quality of their work products, (2) their work productivity, (3) the number of hours worked, (4) ability to balance work and family obligations, (5) ability to deal with biases at work, and (6) quality of mental health. However, 61 percent of respondents felt that remote or hybrid work negatively impacted professional networking and 42 percent of respondents felt it increased any feeling of isolation.
The report also reviewed common concerns among demographic areas. The report found women lawyers, lawyers of color, LGBTQ+, and disabled lawyers were substantially more likely than their male, white/Caucasian, heterosexual, not disabled colleagues to (1) feel stress at work because of their identity status, (2) feel that they are perceived as less competent at work than other lawyers at their level, (3) feel that they cannot be their authentic self at work, and (4) experience demeaning or insulting comments around their personal characteristics.
However, the report also found that the majority of lawyers report more discussions about inclusivity occurring in their workplace in the last six months.
The report goes on to outline technology needs of lawyers, preferences for court proceedings, and resources lawyers wish the ABA to provide.
Finally, the report outlines recommendations for new best practices in the legal profession, including:
Create a culture that supports hybrid work
Create a culture that addresses wellness and mental health
Create a culture that encourages and fosters diversity, equity, and inclusion
Create a culture that maximizes the use of technology
