After months of social distancing, many attorneys are planning a summer vacation and seeking some respite. The need to take time away from work obligations may be more necessary than ever.

Studies and surveys show that disconnecting from the office can be very important for attorneys. Attorneys grapple with high rates of stress, depression, suicide and burnout. Vacationing can help alleviate some of these mental health issues. Law practices that encourage and facilitate breaks may have more productive colleagues with longer and more fruitful careers.

Given the COVD-19 pandemic, summer vacations may look different this year. Thus, there are some additional considerations to assess when taking time off. Here are some tips for lawyers considering vacationing during the summer months.

The New Normal: Consider Travel Restrictions and Self-Quarantines

Before planning any trips out of state, it can be helpful to consider whether your law firm has policies on local and international travel. Many law firms have travel restrictions or other parameters restricting an attorney's return to an office after travel. If traveling 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 also are confirming whether their existing plans to visit other states still make sense at this time. For example, 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. Thus, 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.

Plan Ahead

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. As such, 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. Notably, courts have little tolerance for legal gamesmanship by opposing counsel who fail to accommodate vacations and may even impose creative sanctions for unprofessional conduct. Georgia Rule of Professional Conduct 1.3, comment [1], provides that: "The lawyer's duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect."

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.

Final Steps

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.

Cyberrisks

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 day-to-day computer setup.

Shari L. Klevens is a partner at Dentons in Atlanta and Washington, D.C., and serves on the firm's U.S. board of directors. She represents and advises lawyers and insurers on complex claims and is co-chairwoman of Dentons' global insurance sector team.

Alanna Clair, also a partner at the firm in Washington, focuses on professional liability and insurance defense. Klevens and Clair are co-authors of "The Lawyer's Handbook: Ethics Compliance and Claim Avoidance" and the 2020 edition of "Georgia Legal Malpractice Law."