Remember the importance of time off during the pandemic

While the long-term ramifications of the pandemic remain to be seen, many commentators have observed the potential for increase in stress and depression arising from the severe economic, health and social impacts. Those issues were already particularly acute among attorneys, even before the current crisis. It is thus especially important for attorneys to take breaks to limit the risk of burnout.

After months of anxiety and tension, many attorneys are eager to unwind, even if normal vacations and summer traditions may look different this year. Perhaps more than ever, time off is necessary for attorneys to recharge and to maintain positive mental health.

Although rest during the pandemic may seem impossible, with proper precautions attorneys can still get away. Below are tips for lawyers considering vacationing during these summer months.

Monitor Restrictions and Self-Quarantines

In an ever-changing environment, businesses and local governments have implemented policies regarding travel out of state or to specific locations. Many law firms have travel restrictions or other parameters restricting an attorney's return to an office after travel. If travelling out of state, depending on the destination since some states are considered "hotspots," you may have to observe self-quarantining requirements before returning to the office.

If a planned vacation is to a "hotspot" area or an area with increased levels of infection, it can be helpful to consider beforehand whether you have the capability to work from home if you cannot return to the office for 14 days after travel. Many attorneys are also confirming whether their existing plans to visit other states still make sense at this time. Some states are requiring people to quarantine upon arrival. Other popular vacation destinations may pose an increased risk to vacationers who were otherwise practicing social distancing and other steps to reduce risks at home. The vacationing attorney may consider where the original plan can be revised or altered to reduce ongoing risk of getting sick or of being unable to return to the office in a timely way.

Consider Deadlines

Given that the COVID-19 pandemic has drastically changed how many of us work, it is important to consider the ramifications of the new normal and the impact of the vacationing attorney on others. The vacationing attorney can plan ahead to ensure that everyone is given latitude to adjust their schedules to accommodate potential additional work or issues that may require attention.

For many, effective vacation planning requires the following four steps.

First, review the calendar for any conflicting deadlines with the potential vacation dates. If there are conflicts, it can be helpful to address those ahead of time, such as by obtaining an extension, rescheduling, or having the deadline covered by another attorney.

Second, notify the necessary parties of the planned vacation, including courts (where appropriate), parties, clients and the law practice. Courts often have little tolerance for legal gamesmanship by opposing counsel who fail to accommodate vacations and may even impose creative sanctions for unprofessional conduct.

Third, identify the ability to communicate with clients and colleagues during the vacation (i.e., access to phone or email). Some go completely "off the grid," while others will periodically check email or voicemail. What works best typically varies by each attorney and their current obligations; the key is making sure everyone is on the same page.

Fourth, set up systems to minimize the risks, such as using technology tools and systems for email and voicemail. For work emails, consider utilizing "Out-of-Office Assistant" or other auto-reply emails. For voicemail, the same systems also work.

Typically, the earlier notice is given, the easier it typically is to manage obligations while away from the office.

Cover Yourself

While some attorneys have been returning to work in their offices, many attorneys are still working from home. Those attorneys may think that going on vacation will be no different from working from home given that they have maintained less of a physical presence in the office over the last several months. However, it is still important to implement practices on the last day in the "office." On the last day before vacation, most attorneys will turn on the "out of office assistant," record the "out of office" voicemail message, and confirm who will be monitoring communications or providing back-up support during the vacationing attorney's absence. Having an "out of office checklist" may be the most reliable tool available to the vacationing attorney. Additionally, it can be helpful to have a contingency plan in the event an unexpected development requires the immediate attention of the vacationing attorney.

For some attorneys, the idea of completely disconnecting from the law practice is simply too much. Those attorneys can set up a daily contact point. Typically, this includes a set time, place and procedure for someone in the office to reach the vacationing attorney to provide reassurance that everything is under control.

Data Security

During the pandemic, many attorneys have been working from home, managing the cyber risks that are associated with logging into the office virtually, and working remotely. If a vacationing attorney simply must check in regularly while on vacation, the attorney can also be aware of the same cybersecurity concerns and risks.

While on vacation, an attorney may consider using smartphones and other electronic devices to access firm or client data that are password protected and require two-step authentication. At a minimum, smartphones and other devices should be secured with passwords. Some firms have also adopted the ability to remotely wipe the device clean if it is lost or stolen. Attorneys can also be mindful of using unsecured Wi-Fi connections (which could expose confidential data to risk) and of falling victim to "phishing" scams when away from their typical network or computer setup.

By keeping some of these tips in mind, lawyers can try to take a break from work, even if they have not been to their offices in months. 