Texas Firms Plan To Play It Safe Reopening After COVID-19

By Katie Buehler
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Law360 (April 29, 2020, 8:18 PM EDT) -- Texas Gov. Greg Abbott is touting the first phase of his plan to reopen the state after a monthlong shutdown during the coronavirus pandemic, but law firms in the Lone Star State say they're not in any rush to get their employees back into the office.

Abbott's initial phase of reopening allows retail services, dine-in restaurants, movie theaters, shopping malls, museums, libraries and golf courses to operate in limited capacities starting Friday. But representatives from Sidley Austin LLP, DLA Piper, Norton Rose Fulbright, Munsch Hardt Kopf & Harr PC and Greenberg Traurig LLP told Law360 they're going to take a slower approach to reopening their physical offices.

For example, Munsch Hardt, which has offices in Austin, Dallas and Houston, will keep its current work-from-home policy in place and reassess May 18, when Abbott is expected to announce the second phase of his plan. But that doesn't mean the policy will change then either, the firm told Law360.

"As we communicated to our employees this week, we are not in a rush to allow all employees or guests back into our offices, thus, as far as Munsch Hardt is concerned, nothing has changed," the firm said in a statement.

Gina Shishima, chief operations partner for Norton Rose, said it's too early to tell when the law firm will operate like it did before the pandemic, particularly because of how much work still must be done on testing and treatment. She told Law360 the firm will be very deliberate in its reopening policy, especially since there is a chance for a resurgence in infections that could end up forcing almost everyone to work remotely again.

"This is by no means a one-size-fits-all approach, as different cities have different challenges and different regulations in place," Shishima said. "We are putting the health and safety of all of our people first."

Shishima noted that the firm's offices in some cities outside Texas also have to weigh factors such as mass transit usage before reopening.

Other firms are still working through options for reopening their offices.

Sidley Austin told Law360 in an emailed statement that the firm is consulting with experts and is in the process of developing its reopening protocol. The firm has offices in Dallas and Houston.

DLA Piper, which has offices in Austin, Dallas and Houston, told Law360 in a statement that the health and safety of its employees will be the key factor in any reopening policy the firm develops, just as it was in the firm's response to the pandemic.

Greenberg Traurig told Law360 in a statement that reopening its Austin, Dallas and Houston offices will take place on a case-by-case basis, with goals of the offices remaining healthy and productive. The firm said its history of focus on technology will easily allow some of its workforce to work from home while some work from offices.

Part of the reason firms aren't rushing to get employees back into offices is because of the success they've experienced working from home. DLA Piper said since the transition in March, its employees have "risen to the challenges in supporting the legal needs of our clients."

Norton Rose — which has offices in Austin, Dallas and Houston and dozens of other cities around the world — echoed that sentiment.

"Overall, because our firmwide shift to working from home has been a smooth one (due in large part to our hardworking and dedicated business services personnel), we can and will be extremely careful and thoughtful about our return back to our offices on a timetable that maintains our priority," the firm said.

Law firms also said they aren't receiving any pressure from clients to return to their offices. Munsch Hardt said its clients, like its employees, have adapted to the new era of videoconferencing and there hasn't been a great need for in-person communications.

And attorneys won't be back in state courts for at least another month. The Texas Office of Court Administration issued guidance April 27 telling courts to avoid conducting in-person proceedings until June 1.

Law firms also said they plan to restrict attorneys from air travel for the near future except in rare instances when it's crucial to serving clients.

"Bottom line, our reentry will be a very slow and gradual process," Munsch Hardt said.

Once law firms begin returning to their offices, Munsch Hardt said, the transition will occur in phases, with employees returning on an as-needed and volunteer basis first. High-risk individuals will remain at home and be the last to return to the office, the firm said.

Munsch Hardt also plans to educate employees about social distancing protocols that will be enforced in the office. Plans include taping off six-foot areas around reception desks and workstations, limiting access to common areas and spacing chairs out in conference rooms, the firm said.

Norton Rose said it plans to provide employees with masks and other personal protective equipment to wear in the office. The firm said employees will be required to wear masks in open areas and management. It's also developing plans for how to react if a person exposed to COVID-19 has worked in a given office.

--Editing by Stephen Berg.

For a reprint of this article, please contact reprints@law360.com.

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