Risk: remotely concerned

The Covid-19 pandemic saw a near-overnight move across the UK to full-time remote working in response to Government restrictions. This rapid adjustment demonstrated a capability to move from the norm of in-office working. Since then, the Scottish legal profession, like many others, has seen widespread changes in how, where and when we work, with many adopting a hybrid model.

The benefits from a more flexible approach cannot be overstated. The Law Society of Scotland’s Profile of the Profession 2023 reported an increasing desire for an improved work-life balance among the legal profession. The flexibility to decide how best to manage competing responsibilities in private and home life can result in significant improvements to wellbeing for parents and carers. Colleagues who previously commuted for long periods can maximise their productivity in utilising that time in their home offices. Employees who are more vulnerable for health reasons may choose to limit their time in the office, and we are all probably more conscious of keeping coughs and sneezes to ourselves at home!

We must, of course, remain alive to the potential risks emerging from a new model of remote and flexible working, particularly for junior colleagues. In this article we outline some key risks for the legal profession to be aware of while utilising the benefits of this age of agile working, including risks to wellbeing, effective supervision and training, tracking key dates, and data security and privacy.

Managing wellbeing

Hybrid working is here to stay, to the benefit of many. Profile of the Profession 2023, however, demonstrates a need for firms and their senior staff to remain cognisant of the challenges faced as trainee solicitors and junior lawyers enter the profession. It reports that 36% of respondents considered their ability to form or maintain close relationships with colleagues was better pre-pandemic (only 13% took the opposite view); this rises to 40% (against 10%) for trainees. The clear conclusion is that in-office working better facilitates an environment within which to forge collaborative working relationships.

Many law firms and organisations have responded to these, and other wellbeing concerns, by introducing initiatives such as the Lawscot Wellbeing Community and promoting an open, inclusive culture. Going forward, law firms will need to take such steps to foster colleague connection, which may not occur as organically as before. Mindful of this, the Law Society of Scotland has undertaken significant work surrounding wellbeing in the profession, and has recently launched its Guide to creating a Wellbeing Strategy. The guide outlines steps firms can take to support their employees with their mental wellbeing.

Training

Many legal professionals would say their work varies greatly from day to day. There is a risk that one by-product of increased social isolation is that junior lawyers will be less likely to be exposed to all the variety of work to be found in the office. Gone are the days of ad hoc client meetings where a trainee solicitor might be invited on short notice to take notes, which often leads to ongoing involvement in a range of client work. Remote working also removes the opportunity for junior lawyers to overhear and participate in discussions between colleagues as to the best approach to take to a complex legal problem.

How, then, can supervisors ensure their mentees receive the same exposure to a varied range of work in this flexible world as was available before it? Trainees and junior lawyers will likely benefit from attending the office as much as possible to learn from their colleagues, build relationships and raise their profile. Supervisors should maximise delegation of work where appropriate and prioritise collaboration across teams to ensure that junior colleagues have exposure to a variety of complex and interesting legal work. Simply remembering to involve a trainee even where a meeting, call or court hearing is taking place online is also key.

The potential for decreased exposure may result in less awareness of other practice areas, business sectors, and the legal market more generally for junior colleagues, making focused training sessions ever more important. Most workplaces offering in-house CPD adapted quickly to the need for virtual seminars and training, particularly for trainee and junior solicitors, by arranging webinars and utilising online training platforms. While online training provides more flexibility, it can reduce levels of engagement and interaction. Employers may wish to consider providing online training in smaller, focused groups, or making use of breakout rooms to encourage discussion. Holding in-person sessions where possible is usually also beneficial to increase engagement and relationship building.

Supervision

Agile working may also mean less direct supervision for junior colleagues. One recent Discipline Tribunal finding saw an allegation of professional misconduct against a solicitor in their capacity as a supervising solicitor for a trainee regarding a potential conflict of interest. Supervisors should provide a clear chain of management and support, and build strong, collaborative relationships to ensure that trainees and junior lawyers feel empowered to obtain input, guidance and approval. Clear governance should be in place, ensuring supervisees know the bounds of their autonomy and what work is subject to review or approval.

Supervisors also need to have an understanding of supervisees’ workloads to ensure they are manageable, particularly where they report into several lawyers. Failure to take such steps may lead to avoidable mistakes for which supervisors may be held accountable.

Similarly, where supervisors have less in-person contact with the solicitors they work with, the risk of missed deadlines and communication errors increases. Regular check-ins with colleagues, even virtually, remain crucial. Diarising key dates in multiple calendars, not just that of the main handling solicitor (avoiding a single point of failure) is nothing new, but again, important. Firms may also elect to utilise the numerous technological developments available to assist in case management, and should ensure all colleagues are fully trained to make the most of those tools.

Security and privacy

Data and privacy risks are increasingly prevalent in an agile workplace. Many employers have dedicated IT and office management teams working round the clock to ensure security of data in the physical and cyber spaces. However, when working remotely or outside of core working hours, colleagues require to take proactive individual steps to manage and mitigate those risks.

Physical security of documents and data is ever more important as remote and hybrid working increases. Laptops and papers will be on the move more often, requiring care to be taken by staff, extra security on devices, and reduced printing where possible. As colleagues work in more varied spaces, including those shared with friends and family, steps need to be taken to limit and ideally exclude what is seen and heard by others, for example by locking screens, stepping away to take certain phone calls and turning off voice recognition assistants.

Phishing and other fraudulent cyber activity is on the rise, and cyber breaches can result in serious consequences for the legal profession. As remote working practices have become more sophisticated, so too have the attacks of scammers. Employers should ensure firm-issued hardware such as laptops and mobile phones have updates regularly pushed out.

Employers should ensure that robust data security policies are in place, supplemented by regular training to educate and enforce those. Processes should be established to confirm completion of (and engagement with) training by all colleagues, particularly those working with client and business confidential information and those handling funds. All colleagues working in or adjacent to the legal profession with access to payment and finance systems are increasingly vulnerable to cyber attacks. Employers should therefore implement robust procedures for approvals and cross-checking of payments to minimise the opportunity for fraudsters to intercept funds.

Potential

Agile working in the post-pandemic world has the potential to improve working life and productivity for many. To maximise the benefits of the hybrid and agile models, firms will need to ensure their risk management strategies are similarly flexible and adaptive to the changing workplace.