Steven Wasserman, president of the National Association of Assistant U.S. Attorneys (NAAUSA)—representing the interests of Assistant U.S. Attorneys (AUSAs) working in the 94 U.S. Attorney Offices—issued the following statement regarding a NAAUSA outreach survey of over 700 AUSAs on telework flexibility and subsequent letter to the Department of Justice:
“NAAUSA received responses from over 700 AUSAs supporting the adoption of a universal, baseline two-day a week telework policy for all U.S. Attorney Offices (USAOs). Despite messages from Main Justice encouraging maximum telework during the pandemic, NAAUSA consistently finds that some USAOs offer considerable flexibility while others provide no such opportunity. This patchwork approach to telework is detrimental to the USAOs and fundamentally incompatible with best practices in the legal profession – negatively impacting employee productivity, damaging morale, and undermining the effective administration of justice,” said Wasserman. “As the Department of Justice considers post-pandemic reentry plans, NAAUSA sought to equip the Department with information on best practices and concerns from AUSAs to ensure policy that maximizes the effective administration of justice.
“In our survey, virtually all AUSAs reported they were able to successfully do their job while teleworking. Particularly in handling written work such as processing compassionate release and First Step Act requests, AUSAs felt more productive working from home. This is in alignment with private sector research indicating telework results in a 47 percent increase in workplace productivity,” Wasserman explained. “Additionally, the overwhelming majority wanted a baseline Department-wide policy allowing at least two days a week of telework. AUSAs report being more likely to stay at their USAO if such a policy were adopted and AUSAs coming from the private sector questioned the current posture of USAOs in which employees are sometimes treated like they are working ‘shifts at GM, punching a clock and sitting at a desk.’ Moreover, AUSAs report their intent to leave USAOs if policy is allowed to revert.
“The legal community is modernizing and looking to telework to recruit and retain attorneys, and the Department of Justice will be left behind if it does not catch up.
Research indicates three quarters of the 100 largest firms in the U.S. by gross revenue will allow some form of outside-the-office work post pandemic. Legal recruiters have emphasized the importance of telework in the most competitive talent market in decades. Employees are choosing firms based on workplace flexibility and leaving firms that bully attorneys into working in the office full time. In sum, if the Department of Justice wishes to recruit and retain qualified attorneys to conduct their important mission, it must embrace telework,” Wasserman continued.
“Overall, the goal of this survey and our related research is to provide the Department with information on best practices and employee preferences needed to ensure the effective administration of justice. While the COVID-19 pandemic is an evolving and dynamic situation, the last two years have demonstrated AUSAs' capability to utilize telework to perform their duties. It is our hope that NAAUSA can partner with the Department as telework and reentry plans evolve to ensure the continuous,
just, and effective administration of justice aided by telework flexibility.”
Wasserman concluded, “NAAUSA urges the Department to look to private sector best practices and adopt a uniform, baseline approach to telework that permits AUSAs to telework at least two days a week, indeed this approach may also benefit attorneys across the Department of Justice. All AUSAs, and attorneys across the Department of Justice, should have access to workplace flexibilities that enhance their productivity and encourage them to remain and thrive in their important roles.”
To review survey results, AUSA testimonials, and related research, visit https://bit.ly/3G7vJHA.
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