Jeremy D. Rachlin, The Daily Record Newswire
As a reader of the Generation J.D. blog, I have read many posts which offer wisdom (or unsolicited advice) to young lawyers as to how to plan for vacation. Because, let's face it, we all need time away from the office, from emails, from phone calls and, occasionally, from clients. (Of course, to any of my clients who may be reading this, I assure you that you are not included in this category).
Last week, I returned from a week-long Disney cruise with my family. Unlike past vacations, a cruise offered a true opportunity for substantial disconnect from professional responsibilities. Try powering up your cellphone 1,000 miles off the coast of Florida when there is nothing but open ocean in 360-degrees around you and see what happens. The first 24 hours going cold turkey without a cellphone for attorneys who are used to never being more than 3 feet from their device can result in "phantom phone disorder," where you reach for your pocket feeling like something is vibrating. After that first 24 hours, though, I assure you that it is a liberating feeling.
Of course, the downside to this is that you have to plan to be disconnected. Here are a few tips that have worked for me for this and prior vacations:
1) Notify your clients that you will be away and largely unavailable. Substantial and repeated advance notice is advisable, beginning a few weeks before the trip. Reassure them that you will be available in the event of an emergency but also be firm and clear as to what level of connection they should expect from you. If you will truly have limited connectivity - say, only once or twice a day to email and no phone access - spell this out in no uncertain terms. Make clear the last date that you will have full connectivity and the first date you'll be back.
I have found that my clients are incredibly respectful of time away on vacation. Yes, on my cruise I did respond to a few client emergencies. I was truly happy to do it. Without my clients, after all, I couldn't afford to take that vacation.
2) Notify opposing counsel that you will be away and largely unavailable. The same substantial and repeated advance notice that you give to clients is also advisable, beginning a few weeks before the trip. I have found that nearly every one of my opposing counsel apparently believes in karma (or civility) and has not tried to take advantage of my absence for vacation. After all, I can't imagine the court would look kindly if I had a clear record of notifying opposing counsel as to a planned absence and it was clear that opposing counsel tried to take advantage of that absence.
3) Forward e-mails to clients so that the case can be kept moving. Just because opposing counsel knows that you are out of town doesn't mean that routine case filings, discovery service and other correspondence will cease. When you get these emails, forward them to clients. Depending upon the substance of what you're forwarding, you may be able to send your own cursory thoughts or instructions. Or, on the other hand, you could forward an email and offer to make a phone appointment for your first day back to discuss.
4) Clear appointments for the first day back. If you've been away for more than two business days, you are likely returning to a small mountain of regular mail, an inbox of emails that now do require your attention, and multiple phone messages. Give yourself the full first day back to dig out, adjust to a time difference (if necessary) and acclimate to the cold, cruel non-vacation world.
5) Delegate. Emergencies do happen. I have been very fortunate that only one time have I had a client who had a true emergency during my vacation that required a court appearance. I am fortunate to practice at a five-attorney firm so that, when this happened, I had somebody in-house who could take the initial cut at drafting responsive papers for filing and who could attend the hearing for me. If you are a solo, consider entering into a reciprocal relationship with another solo to cover each other's vacations. This will provide greater reassurance to you (and your client) that if the true emergency does arise, they'll be cared for.
Published: Fri, Apr 01, 2016
