In a high-pressure work environment like the practice of law, taking time away from work obligations can be essential to attorneys’ well-being and fostering long-term careers.

Lawyers, as a profession, face higher rates of anxiety, depression and burnout than others. As a result, taking vacation can be a good risk-management tool because it allows lawyers time off, away from their dockets, to recharge and renew focus.

Attorneys who are refreshed may be less likely to commit errors in practice or overlook key responsibilities. However, an attorney’s ethical obligations to clients do not vanish just because an attorney is on vacation. Here are some considerations, prior to stepping away for vacation, to help ensure compliance with ethical obligations and drive a positive experience for the vacationing attorney and their team.

Is It a Good Time to Go Away?

As an initial matter, it is a good idea to consider the timing of a vacation before it is booked. Effectively planning for time away involves reviewing the calendar for planned deadlines, hearings, closings or important meetings or events.

Lawyers should also consider whether it’s a good time of year for their practice generally to take a vacation. Some members of a practice may try to stagger their vacations so as not to overlap during times when client needs might have to be met.

Tax attorneys may avoid taking a vacation in April because it is the busiest time of their year. Corporate attorneys may work through the end of the year to best serve their clients, because many deals close during that time, and take time off instead in January.

Litigators generally avoid taking vacation right before a trial is set to begin; waiting to take a trip right after a trial concludes (if any appellate deadlines are otherwise being attended to) might be an optimal time to take a break.

Lawyers may have to make decisions, too, about whether planned time away will interfere with future business development opportunities. For example, if a lawyer decides to take a vacation during an important event for a client matter (relying instead on substitutes or other team members), the client may be less likely to hire that lawyer in the future.

Clients are generally very understanding about the need to take vacation and unwind, but lawyers can do themselves a disservice if they are not mindful of these issues in scheduling.

What’s the Plan for Existing Matters?

Lawyers still owe ethical duties to their clients, even while out of the office. Rule 1.1 of the ABA Model Rules of Professional Conduct states: “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” Preparing effectively for vacation time can help avoid potential risks and ensure compliance with the duty of competence.

Lawyers planning for a vacation should notify colleagues of upcoming time out of the office as soon as possible. That way, the team can address any deadlines or other events that are scheduled during the planned time away, encouraging smooth operations for all involved. Additionally, providing advance notice can help colleagues plan their own vacation time.

It is also important for lawyers to convey accurate information to their clients of availability during time away. Although some attorneys prefer to check emails and have phone calls while out of the office, others prefer to go completely “off the grid.” Either approach may be appropriate in the circumstances, but it is helpful to be candid and forthright about what the lawyer’s availability will actually be, to avoid misunderstandings.

The Rules of Professional Conduct also provide some guidance to a lawyer’s obligation to respond to client communications. Comment [4] to Model Rule 1.4 states, “A lawyer should promptly respond to or acknowledge client communications,” but notes that where a prompt response is not feasible, the lawyer or a member of staff should “acknowledge receipt of the request and advise the client when a response may be expected.”

Notably, the rules provide that “prompt” communication does not require “instant” communication. Thus, for lawyers who are on vacation, it is helpful to alert clients so that they understand that a “prompt” response may be delayed.

Setting up automatic email and voicemail responses notifying people of the lawyer’s vacation plans can also minimize risks. An effective message typically notes the dates on which the attorney is out of the office, the name of an individual that can be contacted for assistance in the attorney’s absence and whether the attorney will be able to check messages while away.

Are Cyber Risks Being Managed?

For lawyers that plan to work from a beach vacation, they may consider whether a remote work location poses any cyber risks. Many law firms require two-factor authentication to gain access to firm computers.

This can help ensure that the vacationing attorney’s computer remains secure from individuals who have not been cleared to access the information. In this regard, it is also important to secure smartphones and other electronic devices with the use of passwords.

Lawyers working remotely from vacation may want to consider the working environment. Reviewing confidential legal matters while using public Wi-Fi can pose a security risk. Also, lawyers can be aware of who is around them.

If the lawyer needs to work in a coffee shop or airport, for example, they can consider using a protective screen on their laptop to shield the view of the screen from others. They may also need to avoid having confidential phone calls in a place where they can be overheard by others.

By being mindful of these ethical risks, lawyers can manage to take a stress-free vacation.