Should Large Law Firms Penalize RTO Rebels or Explore Alternatives?

In 2024, while many firms are improving these numbers and getting their attorneys back into the office, a small number of attorneys resist, and the question is how to get the resisters to comply with policy. Whether it's because of lease obligations, mentorship, culture, or all of the above, firms have turned up their efforts to get their attorneys back into the office.

Increasingly, firms are getting serious about enforcing compliance through punitive measures — here are some of the most newsworthy steps firms are taking:

• Bonus cuts: Several Big Law firms have gone the way of either cutting bonus pay for associates and partners or publicly taking into consideration bonus cuts to incentivize more time in the office. (See, "Big Law Bonuses Hold Steady But Come With More Strings," Bloomberg.)
• Job loss or loss of partner track: Repeated failure to comply with RTO policies may lead to job loss at some large firms for lower-level associates or threats of not staying on partner track. (See, "Associates Apparently Won't Have Jobs For Long If They Don't Return To The Office," Above the Law.)

• Reducing or eliminating remote privileges: Several big-name firms are even backtracking their previous embrace of flexible work policies and now embracing a culture of punishment to enforce compliance. (See, "Cravath Backtracks Flexible Work," Above the Law.)

• Increased oversite: Some firms have taken the tack of increasing oversight of their attorneys from sending monthly reports tracking i-office attendance, holding check-ins with non-compliant attorneys, and issuing warnings from practice group leaders or firm leadership. (See, "Top 50 Law Firms Cracking Down on In-Office Attendance," Above the Law.)

It all comes from the top down, of course, which is why some firms are toying with the idea of creating rules around partner time in the office as well, but this remains to be seen. (See, "Biglaw Firm's Leader Thinks Partners Need To Return To The Office To Guide Associates Back," Above the Law)