Summer is here and, for many lawyers, that means taking a well-deserved vacation and spending time with friends and family. However, any lawyer — particularly litigators who do not have complete control over their court-related obligations — knows that it is not easy to get away from the office. Clients understandably want to be informed about legal work entrusted to the lawyer. And every litigated matter has its own set of deadlines and appearances, few of which can be moved for the convenience of a single lawyer’s schedule.

According to the American Bar Association, the two leading sources of client grievances against their lawyers are neglect of a case matter and failure to communicate with the client. Both ethical danger spots are implicated when a lawyer is away from the office on vacation.

Vacation time for a legal professional can often seem to be the least of those priorities. However, with careful planning and the wise use of technology, lawyers should be able to provide excellent client service and take a little time off in the summer.

Now, as the legal community enters into summer, it might be a good time to quickly review the ethical rules that are implicated when lawyers take time off for vacation — even if it’s no more than a long weekend at the beach.

ABA Model Rule 1.1 requires a lawyer to provide “competent representation” as well as demonstrate the “thoroughness and preparation reasonably necessary for the representation.” This means that the quality of legal service provided by the lawyer can’t slip during vacation time.

ABA Model Rule 1.3 requires a lawyer to “act with reasonable diligence and promptness in representing a client.” In other words, case matters can’t languish while a lawyer is out of the office.

Establishing the ethical imperative to communicate with clients, ABA Rule 1.4 has several things to say. To comply with Rule 1.4, a lawyer must:

• promptly inform the client of any decision or circumstance with respect to which the client’s informed consent,
• reasonably consult with the client about the means by which the client’s objectives are to be accomplished, and
• keep the client reasonably informed about the status of the matter, and promptly comply with reasonable requests for information.

Close client communication can be difficult while a lawyer is out of the office and, possibly, without a ready means to communicate with clients. However, and obviously, the legal profession’s ethical guidelines make no exception for vacations.

Lawyers are also obliged to protect the client’s confidential information while on vacation. ABA Model Rule 1.6(c) directs attorneys to “make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.”

Technology Makes Vacations Possible

Technology is both a blessing and a curse in the area of professional ethics. Technology, in the form of smartphones and laptops, solves to a great extent the lawyer’s ethical obligations to move cases along and maintain communications with the client. Client letters can be written. Pleadings can be researched and written when the lawyer is out of the office and ostensibly “on vacation.”

Lawyers can also conduct remote depositions from any Internet-connected vacation locale. It’s important for lawyers to invest in themselves by becoming skilled at conducting remote depositions.

The convenience of technology for the practice of law carries with it the obligation to use that technology in a secure manner. Remote depositions must be conducted in a secure location even while the lawyer is on vacation. More generally, lawyers must take care to secure smart devices and any other technology used for client matters.

Finally, ABA Rule 5.1 is implicated when a lawyer’s vacation plans require delegation of client matters to an associate member of the firm. Model Rule 5.1 provides that lawyers with managerial authority must make “reasonable efforts” to ensure that others in the firm meet the same ethical standards. In practice, this means that lawyers must make responsible delegations of client matters to qualified associates while on vacation.

So, what concrete measures can lawyers take to ensure that their vacations are both enjoyable and ethical? Here are a few considerations that should prove helpful:

1. Have a plan for handling client communications and responding to developments in cases over which the lawyer has responsibility.
2. Actively engage in vacation planning throughout the year to ensure to the extent possible that the lawyer’s calendar is clear of pressing court dates and other obligations during vacation time.
3. If client work must be done while on vacation, make advance arrangements to have a secure and distraction-free environment to do that work.
4. Inform clients and key personnel of upcoming vacation times and spell out to everyone how — and through whom — communications will be handled during the vacation.
5. Set out-of-office voice mail and email responders with appropriate messages letting clients know how to reach the lawyer during the vacation.

The modern litigator is a seemingly always available client resource, constantly balancing priorities and juggling court dates and client meetings. The usual response is more time in the office, not less. Vacation time for a legal professional can often seem to be the least of those priorities. However, with careful planning and the wise use of technology, lawyers should be able to provide excellent client service and take a little time off in the summer.