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(Reuters) - Law firms that aren't covered by President Joe Biden's recent vaccine mandate because they have fewer than 100 employees have been left grappling with whether to independently require their lawyers to get the jab.
Many of the largest U.S. law firms have already responded to the rise of the COVID-19 Delta variant as well as the federal mandate by requiring those coming to the office to be vaccinated.
Though some midsize firms are taking more of a wait-and-see stance, many seem to be sharing their Big Law counterparts' approach, even if they employ under 100 people.
“Regardless of politics, it’s simply the right thing to do,” said Steven Molo, a founding partner at litigation firm MoloLamken.
MoloLamken, which has about 40 attorneys and fewer than 100 employees overall, was requiring vaccines even before Biden made the Sept. 9 announcement, Molo said.
Kane Kessler, which employs about 50 attorneys, decided in early August that all people entering offices on or after Oct. 4 be vaccinated. Before that the firm had "strongly encouraged" vaccines and already mandated mask-wearing in public office spaces.
Though the decision to mandate vaccines happened before Biden's announcement, Tullman said the federal order makes the firm's decision "more defensible."
At Kane Kessler, there is no way to opt out of the vaccine mandate unless an employee has a "bona fide medical reason" or a "genuinely held religious belief," according to Tullman.
Kent Zimmermann, a partner at law firm consulting company Zeughauser Group, said that midsize firms may be wary of drawing a line in the sand over vaccines, for fear they'll lose job candidates when the competition for associate talent is reaching record highs.
He said without the deep pockets of larger competitors, midsize firms are already at a disadvantage in the talent war, and so are hesitant to "alienate people who they need to attract and retain" through a mandate.
Most firms are already seeing a vaccination rate above 85% and are hoping the mandate question becomes a "non-issue," he said.
"They have a culture in which it's difficult to create mandates about anything where they could avoid it," said Zimmermann, who also noted that since partners collectively own firms, there is an added layer of complication.
John Giardino, managing partner for Los Angeles-based firm Michelman & Robinson's New York office, said the Biden administration's vaccine directive raised more questions than answers for the firm, which has more than 100 employees but not more than 100 in any of the firm's five offices.
"We're following the mandate - we know about it. We're waiting for the CDC to announce its response to it. And of course there's litigation going on so we imagine that the courts have something to say about it," said Giardino.
The firm has above 90% innoculation, according to Giardino, and 100% in New York. Employees can opt-out of vaccination and wear masks and undergo weekly testing. Giardino said the firm would comply with a mandate if necessary once guidance is clearer.
Texas midsize firm Sheehy, Ware, Pappas & Grubbs has an estimated vaccination rate of about 80%, according to Taylor Munn, the firm's business development coordinator.
While the 50-attorney firm promotes mask wearing in public office spaces and has "a plan in place" to encourage vaccines, there is currently no mandate and no plan for one, Munn said.
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