Don’t let pandemic stress impair your judgment

For many, what seemed like a short-term shock to the system resulting from the pandemic has turned into a six-month slog, with no end in sight. Apart from the constant concern regarding the risks of the COVID-19 virus itself, the pandemic has caused significant stress for those who have had to adjust their work schedules.

Because the practice of law is feasible in a remote working environment, attorneys have sometimes fared relatively better than other professions. However, many attorneys have nonetheless seen a precipitous decline in business, particularly those in certain practice areas that have been acutely impacted by the pandemic. All attorneys are faced with the reality that clients may be slower to pay as they confront their own economic difficulties.

Those stresses are often compounded by personal issues that many are experiencing, including parents dealing with children kept home from school as well as the inability to be with family members and other loved ones. Many find themselves unable to take the typical vacations that are so critical for attorneys to recharge and to maintain mental health.

Amid all the adversity, some attorneys may unfortunately be tempted to make a bad decision. In times of global economic trouble or personal strife, there is evidence that lawyers may be more likely to engage in risky or even illegal behavior as a response to the stress. Making misrepresentations to courts, engaging in financial mismanagement, or failing to serve client needs can occur more often when a lawyer is under stress. Below are some tips for attorneys to help themselves and their colleagues avoid falling prey to the stress of the pandemic.

Support Colleagues

Many lawyers and their teams have gotten into a routine in working from home, conducting business remotely by conference call and by video chat. However, attorneys may only connect with colleagues when it relates to client matters or a specific task that needs to be completed. As a result, when compared to seeing a colleague in the office every day, it may be more difficult to assess when the colleague may be struggling.

A support network can help catch lawyers before they fall. By dedicating time to connect with others, lawyers can observe how others in their practice are doing, whether they seem exceedingly stressed, and if they need support.

Lawyers dealing with personal or financial stress may be more likely to take improper risks in their practice given the pressure they are experiencing. In addition, lawyers who are acting to deceive or mislead colleagues or clients are sometimes successful in concealing their conduct from others. An active support network — and a supportive culture to help lawyers manage stress — may provide a way out for those lawyers who cannot see another course of action.

Ensure Staff Is Taking Time Off

A firm’s administrative staff — including those who pay the firm’s bills or monitor the till — may also be under additional pressure. Many firms are encouraging their employees to take breaks, to use their PTO, and to balance their home lives, while also encouraging lawyers to be supportive of administrative staff that need extra support or consideration for their other obligations.

Encouraging employees to take “days off” is not only critical to mental health, but can be helpful to the firm from a practical perspective. Sometimes, misdeeds (such as mismanagement) only come to light when others have to cover for a person on vacation. Firms are also reviewing how best to manage personnel in remote working to ensure that employees and lawyers are still motivated to provide high-level client service in unusual settings. For some, remote work can be relatively seamless. For others, there can be a risk that remote work means that things fall through the cracks.

Some firms are providing direct grants to staff to help alleviate financial pressures caused by current events. While this is certainly not required, that kind of support may alleviate the temptation for employees to consider illicit behavior as a remedy.

Take Advantage of Bar Resources

Financial pressures and other stressors are not new to lawyers (although recent events have involved such burdens at an order of magnitude). Most state bars have dedicated resources for lawyers who are struggling with stress or financial pressure. Some even provide financial counseling to lawyers.

Many state bars also have resources specifically aimed at helping small firms or solo practitioners, given the unique stresses they may experience. Indeed, although larger firms are feeling economic pressure, smaller firms may find that they are exceedingly dependent on just a few lawyers to help keep the lights on. That burden can lead lawyers to take risks that they normally would not. But talking to the bar can be a helpful first step.

Consider the Consequences

When lawyers decide to engage in improper or illegal conduct as a result of social or financial stressors, it can be because they feel that they have no other choice. If their clients are not hiring them for new work, those lawyers may feel more tempted, for example, not to release unused retainers back to clients (in violation of the Rules of Professional Conduct). In reality, however, the consequences of the risky behavior are nearly always far more severe than the perceived consequences of not engaging in that behavior.

Notwithstanding a desperate situation, taking illicit steps can create significant risk, ranging from censure from the bar, to being fired, to facing criminal liability.

Thus, through the seemingly endless parade of bad news and overwhelming challenges, it is crucial that attorneys support each other and reach out when they need help. By working together, attorneys can help each other persevere through these times without resorting to risky behavior. 