Best practices and legal implications for in-house lawyers
The shift to, and acceptance of, remote work has transformed the legal profession, especially for in-house lawyers who serve as critical legal and business advisors to their organizations. While remote work offers flexibility and efficiency, it also presents a number of challenges including those relating to compliance, confidentiality, and fostering collaboration. While there is movement to pull employees back into the office, most companies have settled on a hybrid model, partly remote and partly in-office.
This applies to the legal department too. Consequentially, it seems like remote work is here to stay for the foreseeable future. Here are some best practices for in-house lawyers adapting to remote work.
Jump to ↓
Presence and communication skills
Discipline and structure are needed
Data security is crucial when working remotely
Team culture in a remote world
Employment law and compliance considerations
Presence and communication skills
Remote work can create a sense of detachment from the business and the rest of the legal department. As a result, it is important for in-house lawyers to take steps to establish a strong virtual presence to remain visible and engaged.
To start, in-house counsel should schedule regular check-ins with key stakeholders (within the business and the legal department) to maintain alignment and build relationships. This requires active participation in virtual meetings, offering legal and business insights proactively.
In other words, no hiding quietly in the background with your camera off. Instead, you must master the use of whatever collaboration tools the company provides (Microsoft Teams, Zoom, Google Meet, Slack, Asana, etc.) to stay connected and contribute to the discussion.
Meetings are not the only place where a strong digital communication strategy is helpful. Consider how other parts of the business are using digital tools to communicate with their teams (and with the rest of the company). Odds are good that they use email, Slack/Teams channels, and even short videos to ensure they are communicating regularly to stay top of mind.
White Paper
Doing it all — better and faster. As technology advances, the benefits for early adopters will continue to multiply.
Access white paper ↗Nothing is stopping the legal team from adopting the same tools and methods to help ensure the department is seen and heard – using the same tools to communicate as any other part of the company.
This means providing regular legal updates by creating, for example, a non-privileged Slack/Teams channel for the department to communicate with the business – in writing or with short video briefings to keep everyone informed of key legal developments.
While the tools are important, so is the message. There are many different ways in-house counsel can deliver their messages when working remotely. Consider the following:
- Use email properly, for short and timely communications and not as a never-ending chain of overly long and unduly complicated messages. Be concise and clear in emails and Slack/Teams messages to avoid misinterpretation or reader exhaustion. Use bullet points or summaries as needed and invite the reader to contact you for more information or details.
- Use video conferencing or phone calls for complex discussions requiring nuance and detail, ensuring that non-verbal cues are effectively conveyed. A back-and-forth discussion in real-time is the best way to solve problems and get to resolution vs. the constant back and forth of “email tennis” when resolution usually means you simply got it off your plate on into someone else’s in-box.
- Ditch email for chat-based collaboration tools for quick discussions and clarifications.
- Most importantly, take the time to learn how to use and take advantage of the digital tools at your disposal. Too often lawyers learn the bare minimum needed to use the tool and then move on. You are leaving efficiency and productivity on the table by taking this approach.
Discipline and structure are needed
No surprise but effective remote work requires discipline and structure. You cannot just “wing it” and hope to be any where near as productive in a remote setting as you are in an office setting. Some best practices include setting clear work hours to establish boundaries between work and personal life (while ensuring availability aligns with business needs).
If you do not draw a line, you will find that you are working far longer in a remote setting than you do at the office. That might be good for the company, but not good for your mental and physical health.
This also means scheduling breaks and considering other wellness strategies to help you sustain productivity over the course of the day (and prevent burnout). For example, standing and stretching/walking around for a few minutes every hour can prevent many of the posture problems lawyers deal with from sitting hunched over a computer all day.
Use time-blocking techniques on your calendar to allocate time for specific legal tasks, strategic projects, or just time for uninterrupted deep work. If you set an “appointment” with yourself, you are more likely to keep it and use the time productively than if you simply waited for the “right time” to get something done. Likewise, technology solutions such as generative AI, contract lifecycle management (CLM) tools, e-signature, and automated workflows can help you optimize efficiency while working remotely.
Lastly, if the entire legal department is working remotely (all the time or just frequently) creating standard operating procedures (SOPs) for common processes will help streamline and standardize remote legal work (this is just a fancy way of saying create and use checklists for yourself and the department to standardize how work is done across the group).
Data security is crucial when working remotely
Remote work increases cybersecurity risks as you are not connected to the hyper-secure company network. When working remotely, do the following:
- Use company-approved virtual private networks (VPNs) and encrypted cloud storage for handling sensitive information.
- Implement multi-factor authentication to reduce the risk of unauthorized access.
- Educate yourself on common phishing attacks, social engineering risks, and best practices for data security.
- Ensure confidential discussions take place in secure, private environments and avoid using personal email or devices for work-related matters.
- Establish clear policies for remote access, document retention, and disposal of sensitive information to maintain legal compliance.
Team culture in a remote world
As we all have learned over the past several years, working remotely can lead to individuals feeling isolated and alone. This means that department leaders should give extra attention to ways to build team cohesion.
To start, organize virtual social events, such as informal coffee chats, trivia sessions, or team-building exercises to strengthen relationships. Encourage “knowledge-sharing” sessions where team members can provide legal updates and share best practices (including how to succeed while working remotely).
Work from anywhere with a legal AI assistant
The tool your legal organization needs to conquer hybrid work
Read more ↗Recognize team contributions on a Slack/Teams channel, virtual team meetings, or in basic email messages. In a remote-centric world, regular check-ins are critical, including using video to see the person you are engaging with. If the budget permits, a legal department offsite where everyone comes together in a central location is gold.
Lastly, encourage mentorship programs where experienced lawyers (or even business colleagues) guide junior team members to help with their professional growth and collaboration.
Employment law and compliance considerations
Remote work arrangements raise significant legal and compliance implications for in-house lawyers. To start, working remotely across state or even international borders can implicate different employment laws regarding taxation, benefits, and licensing issues. Watch out for unauthorized practice of law issues. Some states require in-house lawyers to register with the state bar if they are not otherwise licensed to practice in the state where they live and work.
Remote work policies must also consider reasonable accommodations for employees with disabilities under the Americans with Disabilities Act (ADA). In other words, legal department leaders must assess the legal implications of having lawyers working remotely in multiple jurisdictions. Considering remote work agreements setting out clearly defined expectations regarding performance, security, and dispute resolution to help ensure compliance with labor laws and company policies.
Data protection is another concern in remote work environments. Under the rules of professional responsibility, in-house lawyers must ensure that remote work does not compromise attorney-client privilege or expose confidential company information. If remote employees work internationally, companies must comply with data protection laws such as the GDPR or the California Consumer Privacy Act (CCPA). Implement clear policies on the use of personal devices for work to mitigate risks of data breaches.
Lastly, while most of this article focuses on remote work in the legal department, all of the challenges, business and legal, that apply to in-house lawyers are magnified when you consider the management of the entire workforce of the company. The legal department needs to be in the lead (working closely with human resources and IT) when it comes to protecting the interests of the company in dealing with remote employees and, more importantly, with any plans to bring a remote workforce back to the office. Educating company leaders on the rules of the road, establishing the right company-wide policies, and monitoring compliance is now part of the job for all in-house lawyers.
***
The fairly recent transition to remote work – and plans to require that remote workforce to come back to the office – present opportunities and challenges for in-house lawyers; for themselves, the department, and the rest of the company. By implementing best practices in establishing virtual presence, communication, cybersecurity, and team management, every legal department can enhance its effectiveness in a virtual environment.
Staying on top of the latest legal implications—ranging from employment law compliance to data security to the unauthorized practice of law— helps ensure that the department (and the company) can best mitigate legal and business risks while adapting to a seemingly remote-first world.
If you have access to Practical Law, you and your in-house team have access to dozens of resources (from checklists to policies to summaries of the law) to help you manage the challenges and benefits of remote work for attorneys and/or the company as a whole.
Practical Law Dynamic Tool Set with CoCounsel
Enhance your daily work with time-saving tools and resources
Browse features ↗
