Tips for working from home

For many attorneys used to the daily routine of going into the office, the pandemic has had a jarring impact on both their professional and personal lives. Whatever separation there may have been between work and home now no longer exists as attorneys attempt to balance responsibilities, while also carving out time to decompress and relax. Attorneys have also often been forced to adjust to the use of new technologies in their practice and handle logistical challenges that were not an issue in the office setting.

To be sure, remote working had already been gaining steam in recent years among attorneys and other professionals. Even for attorneys accustomed to working outside the office, however, the pandemic has given rise to a host of new challenges. Below are some tips for working from home in a way that is both effective and limits risk when providing client services.

Structure the Day

To the extent possible, it can be helpful for attorneys to define some boundaries when working from home by creating and maintaining a routine and schedule. Experts recommend treating a day of working from home like a real day of working in an office and having designated “working hours” every day to help maintain focus and balance.

Because attorneys may be quarantined at home with their families — including children who are remote-learning or older family members who need care — maintaining regular working hours may not be feasible. Even with personal obligations, attorneys can try to build their schedules around their lives and obligations outside of work. It can be helpful for attorneys to be mindful of what their team members are going through right now, and having some flexibility and kindness for those who are juggling work with family or other stressors.

Including periodic breaks in the routine and schedule can also be critical. Many attorneys are now incorporating regular video calls with colleagues and team members into their routine to see how everyone is doing and to talk about things other than work. These regular check-ins can not only improve morale but foster a sense of community.

Maintain Confidentiality

Although attorneys generally are familiar with the protections of the attorney-client privilege, the obligation of maintaining confidentiality (per Rule 1.6 of the California Rules of Professional Conduct and Business and Professions Code Section 6068) is typically broader and more inclusive than privilege. Indeed, under Business and Professions Code Section 6068, the “confidence[s]” and “secrets” of the client can include a significant amount of information, including client identity, business information, and other sensitive data — even if that information is otherwise publicly available, as discussed in various ethical opinions. Rule 1.6 calls on lawyers to maintain in confidence all information gained in the professional relationship with a client, even after the client-lawyer relationship has terminated, unless the client gives informed consent or one of the narrow exceptions under the rule applies.

Law offices often have systems in place to help maintain confidentiality of client matters, including secure physical storage, office layouts that permit confidential conversations, and internet security. Lawyers working remotely in their homes — with family members, children, or roommates sharing the same space — may not have the same inherent structural protections. However, even in the home, attorneys have duties to treat client matters confidentially.

Working from home can create unique challenges for attorneys when it comes to maintaining confidentiality. For example, having hard copies of documents in the home can create risks of inadvertent disclosure or misplacing the materials. Attorneys can consider how to store or dispose of documents in a way that helps protect confidentiality. Some attorneys use an at-home shredder for this purpose.

It can be helpful both for one’s daily routine but also for maintaining confidentiality to keep a separate space in the home for client work, ideally a separate room with a door that can be closed. However, regardless of how private a working station is, consider whether to use headphones when making client calls and joining video conferences to help reduce the risk that others in the home could overhear confidential or sensitive information. Many attorneys will also take care on videoconferences to ensure that they do not inadvertently disclose confidential information either through sharing screens or simply by reviewing what is viewable in their home office during a conference.

Most firms will have protocols for remotely accessing the firm network, including two-step verification or other protections. It is critical that attorneys continue to follow their firm’s protocols when working remotely and to avoid the temptation to simply use personal email and internet services to conduct client work, which can create risk.

While attorneys are working from home, many firms have seen an uptick in suspicious online activity, including phishing scams from bad actors seeking to trade on general uncertainty or disruption to norms to obtain secure information or log-in credentials. Some of these emails are targeted to specific individuals while others are sent to a broader group of people. If you are unsure about the integrity of an email received, contact your IT team.

Be Cognizant of Mental Health Issues

The new personal and professional challenges resulting from remote work, as well as the greater challenges facing society today as a result of the pandemic, can have a serious impact on attorneys’ mental health. One way to support mental health is to “leave work” at the end of the day to return to the home space. The practice of law is a stressful profession, and the uncertainties of the ongoing pandemic have added to everyone’s stress levels. It is also beneficial for your mental health to exercise and stay active. If circumstances allow — in conjunction with city, state, or federal guidelines — consider going outside for a (socially distant) walk and fresh air. It is important that attorneys do not lose sight of their own well-being during these trying times. 