Back to work. Credit: Boguslaw Mazur/Shutterstock.com

As the state and the country formulate plans for reopening businesses, law firms based in California are taking their time to decide when and how they might return to the office.

Jurisdictions are on different paths based on the coronavirus infection rates in their communities, as Gov. Gavin Newsom has started discussion about how certain businesses will enter "Phase Two" of reopening. Meanwhile, strict orders remain in some places—Los Angeles County Public Health Director Barbara Ferrer said Tuesday that the county's stay-at-home order will be in place through July.

While many California firms that spoke with The Recorder said they have no intentions to rush back to the office, several said serious discussions have begun about how to do so safely, even if they are preliminary.

Steve Feldman, a partner at Hueston Hennigan, is on a small steering committee that has been tasked with navigating the firm's eventual reopening process. The firm has been fully remote since early March and has been able to address all of its clients' needs that way.

"We are going to be guided by the science and by the directives that are handed down by public health officials," Feldman said. "While we would love to bring everyone back together and see each other in one place soon, we know we need to be guided by the science here."

He said the firm recognizes that most attorneys will continue to work remotely for a while, and lawyers are "blessed" in that so much of their work can be done remotely, compared to industries like retail and restaurants. The firm has committed to avoiding layoffs in the current situation, he said, and even gave a $1,000 bonus to staff to help with any financial pressures they might be experiencing.

Still, he added, every business likely has at least some employees who feel isolated and want to get back to working in their normal environment. But even when that does take place, it won't be business as usual.

"Obviously there are tons of questions about how to reopen the office … the question isn't just when to reopen, but how," Feldman said.

Those considerations include how to get tests for people who are returning, making sure everyone has their temperature checked at the door, putting sneeze guards in place, getting masks for workers and preventing congregation of people in small areas like the kitchen.

Another important consideration is the size of a law firm's office building and how people commute to their jobs, said Bob Baradaran, managing partner of Greenberg Glusker Fields Claman & Machtinger.

"Frankly I think anybody that 'offices' in any office building of any size can't expect to eliminate the risk of exposure to zero. You have to go through the parking areas, and corridors, and lobby areas," he said. The majority of the firm's people drive to and from work, he noted, but for those who use public transit, that's another potential way of being exposed to the virus.

Greenberg Glusker was also out of its offices around early March, before state and local mandates required the closure. Baradaran said the firm is actively holding internal discussions about the timing and shape of a return, guided by public health officials. Any change will be gradual, he said.

"The one thing I know now is there's going to be a new normal. It's not going to be exactly the same as it was before. But how it's going to look and when we're going to do it is uncertain," Baradaran said. "I'm not trying to rush to get back to the office until we have more information."

He said Greenberg Glusker likely won't have everyone come back at once, and management will encourage those who can work from home to continue doing so as much as possible. Especially for functions in certain areas of the office, that will be necessary to maintain the appropriate distance between individuals, he said.

Richard Dickson, chair of Fenwick & West, said in a statement that his firm, too, has experienced "minimal disruption" as a result of working from home.

"As public officials move toward lifting stay at home orders, Fenwick will be conservative in how and when we return to our offices," Dickson said. "When we do phase back, we will do so in a way that keeps our community safe and protects public health."

No firm that spoke with The Recorder said it already has a concrete plan for reopening California offices. Most said they are still watching the situation unfold.

At Rutan & Tucker, management has started discussions about returning to the office, and formed a committee to spearhead that strategy, executive director Tony Malkani said in an email.

"The mainstay of the plan will be that we abide by mandates issued by the California governor's office and implement appropriate guidelines, which will allow us to focus on the health and safety of our personnel and balance this with the practicality of having to return to operations in the office as part of the new normal. It is likely the plan will take shape over the next few weeks and we will be ready to return to the office when permitted to do so," Malkani said.

A spokesman for San Francisco boutique Shartsis Friese said the firm plans to wait for further developments and will consider its options throughout that time.

Baradaran said he hopes that when firms do reopen, they treat everyone fairly with regard to remote work flexibility, considering that various individuals may have different concerns about exposure.

Baradaran said he thinks it has been easier for transactional lawyers than litigators to depart from their usual routine in the workplace.

However Feldman, of Hueston Hennigan, which focuses on high-end litigation, said things have gone smoothly from a distance, and that the firm's focus on litigation positions it well for the near future.

"This is a good time to see how this work-from-home experiment works," Feldman said. "It's been wonderful to see how resourceful and productive people have remained."