Hybrid, remote working, WFH, job sharing and co-working, are all flexible working terms now commonplace when discussing a firm’s approach to employment contracts. Indeed, the Employee Relations (Flexible Working) Act 2023, enables all UK employees to request flexible working from day one of employment. How flexible working must be applied is clearly set out on the government website, however, the Act does not contain any provisions that are specific to law firms, nor does it prescribe detailed compliance mechanisms for the profession.
So how should legal firms ensure compliance is consistent and watertight when managing disparate teams across variable locations and office set ups? Here’s a few areas to consider…
1. Client Confidentiality
Confidentiality applies identically whether an employee works in the office, at home or in a co‑working space. Firms must ensure remote workers handle client information in a way that prevents any risk of being seen, overheard or intercepted. This means conducting all client conversations in private spaces, using headsets and avoiding environments even in the home, where conversations could be overheard. Screens should be positioned so that no one else, family, co‑workers or the public, can view sensitive material. Confidentiality obligations do not change simply because the work location does.
2. Secure Storage, Access & Handling of Client Files
Physical and digital file security is a key legal requirement. Remote workers must use only firm‑approved, encrypted systems for accessing client information and avoid downloading or storing files on personal devices. Where physical documents are used, they must be kept in locked storage, transported securely, and disposed of through proper shredding or return‑to‑office channels. Firms should enforce clear rules around printing at home or in shared spaces to avoid accidental data exposure.
3. Regulatory Supervision & Accountability
Regulators expect effective supervision regardless of working arrangement. Firms must ensure team leaders have full visibility of the work conducted by remote or hybrid team members. This includes scheduled check‑ins, access to case‑management systems and clear escalation routes. All attendance notes, decisions, advice given and client updates must be recorded promptly in the central system so that supervisory oversight is continuous, traceable and compliant. Remote working must never result in gaps in supervision or unrecorded work.
4. Data Protection & Cybersecurity Controls
Legal professionals handling personal and sensitive data must comply with strict data protection standards. Remote environments increase the risk of cyber‑attacks, phishing and accidental disclosure. Solicitors working remotely must use secure networks, avoid public Wi‑Fi and follow firm protocols for device security, multi‑factor authentication and password protection. Firms should require staff to report any suspected breach immediately, as delay can increase regulatory exposure and breach-notification obligations.
5. Risk Management, Record‑Keeping & Audit Trails
Good compliance requires a complete and accurate audit trail of actions taken on a client matter. Remote and hybrid workers must log all work in the firm’s systems, not in personal notebooks, private messaging apps or unapproved channels. Clear, consistent record‑keeping helps firms identify risks early, maintain quality control and demonstrate compliance if audited or challenged. Firms should conduct periodic reviews of remote working practices to ensure policies are being followed and risks are being managed proactively.
As flexible working becomes increasingly embedded in modern legal practice, it’s essential that firms reinforce these compliance expectations regularly. Clear communication, ongoing training and periodic reminders help ensure that compliance and professional standards remain consistently high, regardless of where work is carried out. By revisiting these principles at set intervals, firms not only protect clients and safeguard confidentiality but also strengthen the culture of accountability that underpins effective and ethical legal practice.