General Practice, Solo, and Small Firm Division
Solo
Fall 2002 vol. 9 Number 1
Time Off for Good Behavior
By jennifer j. rose
Pregnant lawyers do it. Lawyers who've been in car accidents
do it, and so do lawyers serving in the military reserves.
Europeans do it all the time. Even the president of the United
States does it. So why can't solos and small firm practitioners
take a month off from work? Truth is there's absolutely no reason
why they can't.
Too many solo and small firm lawyers like to boast that they
haven't had a vacation in years. We already know what they say
about those bank tellers who've worked 25 years without a day
off. While surely these lawyers aren't embezzling, do they
consider themselves too essential or too precious to take some
time for themselves? When it comes down to it, a month's vacation
is just as easy to plan as a 10-day jaunt. A week-long trial in
Buffalo can actually take you farther away from the office than a
month in Maui.
*Plan, plan, plan ahead. Don't accept new cases or clients that
bear the earmarks of intensive, time-sensitive activity within
two months of your departure. Be upfront with clients that you're
taking time off-at the inception of the relationship. It's
amazing how understanding most clients can be. And those who
expect their lawyer to be available 24/7/365 are the very ones
who'll only call you after hours and weekends. (Do you really
need those clients?) Crises that seem to demand attention within
24 hours often solve themselves in the space of three days.
*Warn ongoing clients of your impending absence. That "end of the
year" work can always be done in November if everyone's working
on the same schedule.
*Schedule your extended vacation so that it includes court
holidays to maximize days that no one else is working.
*Fib about when you plan to leave and return. Plan to leave two
days later than you say and return two days earlier. Midweek is a
good time for departures and arrivals. You'll have the weekdays
to get that essential "can only be accomplished during the week"
work done.
*Have dependable backup counsel. Their utility ought to be good
for something other than simply a nomination to your malpractice
carrier. Even the most dedicated and competent office staff can't
be expected to handle everything. Sometimes it's just enough for
the secretary back home to be able to call your backup lawyer and
verify if something's being done the right way.
*Anticipate surprises. Child visitation disputes always peak at
Christmas, so be sure to address those issues around Labor Day
(or Halloween at the very latest).
*Work like a dog before you leave, and work like crazy when you
get back home. If that means extending your workday, working on
weekends, that's what it takes. And if it means giving up those
Wednesdays off, that is part of the price.
*Of course, you've provided those tending the home fires with
your itinerary and phone numbers. Let your best clients know how
to reach you in case of an emergency as well.
*Depending upon the client, even waiving charge-backs to the
client for long distance calls can sweeten the bitter pill of
your absence.
*Fax, phone, and e-mail make it easy to establish a virtual
office just about anywhere short of the slopes of the Himalayas.
If you're vacationing in a fixed position, such as second home or
rental, creating that satellite office is even easier. Hotel
business centers and Internet cafes abound just about everywhere
on the planet.
*Anticipate that there's going to be a price tag attached to
extended vacations. Obviously, a month without billable hours
means lean times will follow while your overhead remains the
same.
*Play kind and generous with opposing counsel-even more so than
usual-when it comes to their requests for additional time and
continuances.
jennifer j. rose, editor-in-chief of GPSolo, made her first
month-long escape from practice in 1981. Now living in Mexico,
she can be reached at jenniferrose@abanet.org.
