Recently Davis Polk announced September 13th as its reopening date. In that, it's ahead of the herd. And therefore, it could be considered as the canary in the mine on this one.
The majority of other law firms announced September 21st. That's 8 days later.
Lots of COVID cases could be picked up at Davis Polk offices within that timeframe. The reality is this: No one knows what will happen when Davis Polk reopens. In fact, the brass indicated in its memo that the whole thing was an experiment. That experiment could turn out badly.
Other law firms designated October 21st as what's scheduled. Here are more details from Law.com.
A number of watchers assess all those announced reopenings as premature.
For example, Bill Brice, chief executive officer of legal tech company nQ Zebraworks, observes, "The dates don't seem very realistic (quoted in Abovethelaw)."
Also there was that cautionary saga of Skadden associate Andrew Kinsey who, although fully vaccinated, was hit hard by COVID. He had difficulty moving his body and suffered brain fog. At the time Kinsey was working remotely. He had a hunch he contracted the virus from his 8-year-old daughter who had been hospitalized with it. Here are more details from Reuters.
In addition, some recall that at Morgan Stanley, the firm that "encouraged" law firms serving it to institute a full-time in-office work policy, had two cases of COVID in its office. Both victims had been fully vaccinated.
Of course, those lawyers who are mandated back to the office, even on a hybrid basis, are concerned if they themselves will contract the virus. But since they love their loved ones the more soul-wrenching concern could be bringing the virus from the office to the home. Could that possibility distract them from their work in the office?
Also, what happens to the law-firm brand if there is a large outbreak of COVID at one of their offices? That could also tarnish the brand of the trophy building in which they are leasing. If that goes down in Manhattan, every media outlet from the New York Post to Abovethelaw will run with it.
Law firms which haven't scheduled a fall return to the office have the unique opportunity to enhance their brand. Their decision-making is in the public interest. That's the message to constituencies ranging from employees to regulators.
Reflection: For some lawyers September could be the cruelest month of all.
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