Summer vacations, medical procedures, family obligations, and other short-term absences are a normal part of life and practice. But before stepping away, attorneys should plan ahead to protect client matters, deadlines, and communications. This article explains how to cover your law practice while you are out of office.
Control Your Calendar
A short-term absence plan does not need to be complicated, but it does need to be realistic. Thoughtful planning begins with blocking your calendar not just for the days you will be out of office, but also for the time you may need before and after.
Start by reviewing your calendar, docket, and active matters. Identify any hearings, filing deadlines, statute of limitations dates, discovery deadlines, client meetings, closings, or other time-sensitive tasks that may arise while you are away or shortly after you return. Reschedule, continue, complete, or delegate those items before leaving. Then protect the blocked time on your calendar so you can address urgent work before you leave and catch up once you return.
Communication Management
While it is tempting to think you will check email every day, it is important to be realistic. Decide who will monitor your communications and when. Set clear expectations about the best way to reach you and which situations require immediate attention. Set an office away message that explains you will have limited access and limited ability to respond and identify who should be contacted if a matter is urgent. For security reasons, it is best to share this information through your office rather than posting it generally on social media. If you plan to check messages while away, consider marking a message unread or flagging it so you can follow up promptly when you return.
Whether you’re solo or in a firm, you may need to arrange for another attorney to assist if something urgent arises. While staff can monitor communications and respond to administrative inquiries, an attorney should be available to address urgent legal matters.
A short-term coverage arrangement is similar to successor attorney planning. Whether the absence is expected or unexpected, consider notifying clients in advance that another attorney has been designated to assist with urgent needs during your absence.
Before leaving, and depending on the length of your absence, consider preparing the following for your covering attorney:
- A list of open and active matters;
- Upcoming deadlines and docket entries;
- Client and court contact information;
- The location of paper and electronic files;
- Instructions for urgent matters;
- Emergency contact information.
If files and calendars are electronic, confirm before you leave that the covering person can access what is needed. Do not wait until an emergency to discover that a password, multifactor authentication prompt, or file permission is blocking access. At the same time, protect client confidentiality by limiting access to what is reasonably necessary.
Finally, tell a trusted family member or traveling companion whom to contact if you are unable to communicate because of an emergency. Your covering attorney or support person should also know how to reach your emergency contact if needed.
MFA at Home and Away
Attorneys who plan to work remotely while traveling should also think about cybersecurity.
- Decide which devices you’re traveling with and how to protect them and the data accessible from them, including continuing to use multi-factor authentication (MFA).
- Let your financial institutions know you’re traveling – some institutions may need to allow atypical use while others may flag the account to prevent unusual transactions.
- Remember that public Wi-Fi networks are not secure. Learn how to set up a mobile hotspot before you’re out of the office to ensure you have access to a more secure network.
See OBLIC guidance on cybersecurity and out-of-state remote work for more on your professional responsibilities while working away from the office.
Planning Ahead Supports Wellness and Reduces Risks
You deserve to relax on vacation, focus on your own health, or attend to a loved one when you need time away from the office. Intentional planning can make that easier while helping you avoid missed deadlines, protect client trust, and reduce security risks.
If you have questions about short-term absence planning, succession planning, cybersecurity, or any other loss prevention issue, please contact OBLIC. We are here to help.
| Gretchen K. Mote, Esq. Director of Loss Prevention Ohio Bar Liability Insurance Co. Direct: 614.572.0620 gmote@oblic.com |
Merisa K. Bowers, Esq. Director of Marketing and Loss Prevention Counsel Ohio Bar Liability Insurance Co. Direct: 614.859.2978 mbowers@oblic.com |
This information is made available solely for loss prevention purposes, which may include claim prevention techniques designed to minimize the likelihood of incurring a claim for legal malpractice. This information does not establish, report, or create the standard of care for attorneys. The material is not a complete analysis of the topic and should not be construed as providing legal advice. Please conduct your own appropriate legal research in this area. If you have questions about this email’s content and are an OBLIC policyholder, please contact us using the information above.
