Diversity Series: views on how the pandemic has affected inclusivity in the legal profession

Valentine Bagnoud

Lalive, Geneva

vbagnoud@lalive.law

The pandemic and lockdown have changed work organisation habits and routines in many ways. Many people have had to set up an office at home. The line between personal and professional space became blurred almost overnight, not by choice but by necessity. For lawyers, and this seems valid for most of the legal profession, the logistical aspects have not been the most problematic. The legal profession can indeed – for the most part – be carried out remotely, provided a good IT system is in place and one has the necessary furniture at home. Our work nevertheless requires a calm environment during long moments of concentration, reflection or during conference calls with colleagues or clients, sometimes at incongruous hours due to cases involving international contacts.

In this respect, creating a working environment at home is particularly challenging if the space available is not only sometimes shared with a partner or roommate, but also children or babies. The lack of space – regardless of the family configuration – and the stress created by lockdown only added to the general anxiety that a lot of people felt during this period.

This is when the relationships with colleagues and the human aspect of a company employee policy count the most. Especially given that for weeks there was no real human interaction outside of work either.

As a mother of two young children, I admit that being a lawyer can sometimes be challenging in terms of finding a satisfying work life balance. My strategy has always been to separate my work life and my personal/family life, with minimum interferences. Working from home was a real challenge for me in that sense. But it was also a positive experience in many ways and it has become a piece of our personal life for many of us. It has strengthened the bonds between colleagues, as we all shared a little of our experience, difficulties and struggles. This created a real atmosphere of solidarity, comprehension and mutual support between colleagues which was new and very welcome. We found we shared more with colleagues remotely than in an often stress-infused office where everyone is in a hurry for a meeting or a filing, going to a conference, and so on.

The lockdown also allowed us to organise our work with more flexibility than usual, especially as far as working hours are concerned. Speaking from a personal standpoint, I don’t think that my activity was impacted by this newfound flexibility. This made me realise that, going forward, both parties should feel more comfortable with this setup, whether it’s a partner trusting that the work will get done, or an associate feeling comfortable being able to request to work from home.

All in all, here is the main lesson we should take away from this experience: caring and communication are key, both horizontally with colleagues and vertically with the partners.  

What was the impact on our industry in a broader way? Lawyers will certainly travel less than before, since we have realised that much can be done online. But without the necessary hindsight we aren’t able to measure what a handshake, a direct look in the eye or simply a conversation during a cigarette break between two meetings can change – and contribute greatly – in a matter or a negotiation. These very moments allow connections to be created, situations to be unblocked or disputes settled – and this can make the difference, sometimes.

Will this new way of working limit us in ways that we have yet to comprehend? Only time will tell.