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Law Practice Management

Vacation or Not, Lawyers Should Be Available via E-mail, Cleary Partner Says

Posted May 18, 2009 1:04 PM CST
By Martha Neil

Even when a lawyer is on vacation, he or she should still routinely be available by e-mail, a London partner of Cleary Gottlieb Steen & Hamilton tells his partners in a recent e-mail.

An "out of office" auto-reply saying that an attorney is unavailable is acceptable only in rare circumstances, such as when a lawyer is on an international flight in a different time zone and a colleague, for some reason, is unable to cover, writes Raj Panasar.

In that case, he says, the e-mail should specify the exact time period—in hours, not days—that the attorney will be unavailable, and provide alternative phone numbers, reports in an e-mail obtained by the New Lawyer, an Australian publication.

Panasar recommends that a revised e-mail template be prepared to prompt the firm's lawyers to include such details in their automated "out of office" e-mail replies.

Hat tip: Am Law Daily.

Comments

1.

Frank M. Feibelman
May 18, 2009 1:43 PM CST

That’s right, sleep with your Blackberry underneath your pillow!!!!

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2.

Anon
May 18, 2009 2:14 PM CST

Not all places have data service for Blackberries. 

Last fall, I was on vacation in Kosovo, where I have previously done pro bono work, and the entire country does not. 

Does Cleary believe its attorneys should not go anywhere outside the 1st world?

One can receive calls or texts on one’s cell phone, though, or use one of the dwindling number of Internet cafes there.

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3.

Anon
May 18, 2009 3:21 PM CST

And people wonder why lawyers have such health problems.  One day htis attitude will be found to be as bad as smoking and people like this guy will be shunned from proper society.

The obsession with total accessibility comes at a price. If you don’t let your people decompress they make mistakes and ultimately you have a less productive and less intelligent worker.

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4.

B. McLeod
May 19, 2009 12:22 AM CST

This is absurd.  Lawyers and law practice functioned for centuries without 24-hour electronic availability of all lawyers.  The courts keep defined hours, as do the mails, courier services, banks and wire systems, and, in fact, virtually all business clients.  Lawyers on holiday should let their staff know the itinerary, and trust their staff to contact them appropriately if (and only if) there is an emergency (i.e., NOT “routinely,” as Mr. Panasar suggests).

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5.

JR
May 19, 2009 10:07 AM CST

I think Cleary found a creative way to shrink its firm during this recession—alienate the lawyers into leaving.  However, the firm’s reputation will suffer when times improve.

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6.

SB
May 28, 2009 4:32 AM CST

I am a young associate and was recently told the same thing as the Cleary partner - that I should be accessible on vacation. Vacations are a time to unwind and come back to the office refreshed. When this isn’t possible, we return like zombies, make mistakes and are constantly depressed. In addition to the toll that a working vacation takes on our health and mental sharpness, consider the families and friends that have to experience “more of the same” while we are supposed to be focused on them for a change!

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7.

Mark Olberdinf
May 28, 2009 4:46 AM CST

Vacation is a time for me and my family.  I am still on my first wife (of 23 years) and kids who at least think I am only kind of hopeless (for teenagers that’s not too bad).  The kind of attitude of being available 24/7 leads to unhappy and broken familieis, burnt out attorneys and less productive attorneys.  I agree with the previous poster, 24/7 work will be seen to be as bad for you as smoking or illegal drugs.

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8.

db
May 28, 2009 4:53 AM CST

Panasar is an obsessive idiot.  Staying clear of people like this and law firms with people like this is a healthy person’s worthy goal.

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9.

Barry Cutler
May 28, 2009 5:06 AM CST

Louis D. Brandeis, a pretty good lawyer, said “I can do the work of the Court in 11 months, but I can’t do it in 12 months.”  I’m with Louis, especially if you are in it for the long haul..

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10.

Terry O'Brien
May 28, 2009 5:17 AM CST

If you want us available 24/7 then pay us for 24/7.

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11.

annoyed
May 28, 2009 5:30 AM CST

This full-access “vacation” is nothing short of a temporary upgrade in office - paid for by the attorney.  Lame.

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12.

John Prather
May 28, 2009 5:31 AM CST

Several years ago our Bar Association had a theme “Better Lawyers, Better Lives” discussing the need for lawyers to have a life outside the office.  Being “hooked” in all the time is no way to have a better life.

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13.

Michael Rogovin
May 28, 2009 5:39 AM CST

Terry O’Brien has it right.  To add to the comment, the more you earn and the higher the position you hold (partners) the more it is expected that you are available 24/7.  For those earning substantial sums and complaining about loss of focus, burnout, lack of time with family and health problems, maybe a change in career is the answer.  I have been practicing for 10 years, have cut my teeth in litigation (court appearances every day for the first 4), have worked a minimum of 50 hours per week (more often 60-70) the entire time, am married (14 years) and have 2 young children.  I still believe that attorneys should be available 24/7, but should get paid for it.

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14.

Double Biller
May 28, 2009 5:44 AM CST

Bill, bill, bill…die !!!

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15.

John McGowan
May 28, 2009 5:45 AM CST

I know there are several sides to this debate—and the extreme views already appear to have been expressed.  I do have a couple of observations to offer, though, as one who IS always reachable.

First, we only fool ourselves if we think this is just about us.  Client expectations drive this debate.  First, it was carbon paper, then the fax machine, then computer/word processing and e-mail, and now smart phones.  Soon, it will be off-shore/24-7 competition Each time, the expectations of those clients that pay a premium for just-in-time legal advice have grown.  The medical profession is no different; once emergency rooms opened, things changed. Fast food is no different; 24-hour drive throughs changed the way that industry functions.  It is just reality.

Second, a smart phone, while certainly intrusive, is somewhat liberating.  I remember having to cancel vacations due to big projects and court rescheduling (or the need to file a brief that now can be filed electronically through PACER).  Now, I cancel nothing, and while some of the work follows me, I at least am there with my wife, not in my office with a disappointed spouse sitting at home. 

Too many of those offering comment above, protesting the intrusiveness of smart phones, don’t remember why things changed or how things used to be.

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16.

Kevin Sullivan
May 28, 2009 5:53 AM CST

I am a sole practicioner and do well for myself.  What I have learned is any person that makes themselves available all the time will eventually burn out and whatever availabilty they have will be subpar.  Any client I have that expects me to be available 24/7 is welcome to become someone elses client.  We are only human, not machines.

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17.

Kelly
May 28, 2009 5:56 AM CST

John,
If it’s really about client expectations (which I don’t believe that it is, it’s about firms making money), then you change the expectations.
I remember, at my first lawyer job, checking in from my vacation in the UK almost every hour on the phone.  My husband, also a lawyer, wondered what could possibly happen in my office in my absence that couldn’t be handled without me.  He was right.
This is really about law firms making lawyers feel like the world will crumble without them.  For some, that drives their egos - it makes lawyers feel needed and irreplaceable.  Here’s the reality:  you are replaceable. 
And no, this isn’t acceptable in other workplaces.  You cite ERs but my friends in the medical profession are not on call every minute of every day.  Many of them lead quite “normal” lives - they’re not tethered to a Blackberry all day long and pagers are used for (gasp) emergencies.  And fast food restaurants? They staff more people - you’re not on 24 hr call as a McDonald’s employee.
Law firms create these expectations for clients and then expect their employees to perpetuate them. 
“No” is a powerful word.

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18.

Associate
May 28, 2009 6:00 AM CST

Cannot believe the whining on this topic.  Does it kill you to check in for 5 minutes and then find someone who’s not on vacation to do the work and help you out?  Criminy.

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19.

JDN
May 28, 2009 6:01 AM CST

You should probably be available while on international flights.  Most are now wired for email or you should be flying by private jet to make yourself more available.

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20.

Bhrain D'ead
May 28, 2009 6:05 AM CST

Charging the batteries; sharpening the saw.  Whatever you want to call it, rest is important.  The clients benefit from the return of a restored lawyer rather than one who continued to work—just in different surroundings.

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21.

Jan T.
May 28, 2009 6:12 AM CST

While I do generally check my e-mail at least once a day while on vacation, I’m a solo practitioner, so my situation isn’t typical. I previously had a boss who, two decades ago when e-mail wasn’t as prevalent, required us all to call in every day while on vacation. He was a tyrant on a power trip, and my vacation was aimed at getting away from the stress of working for this horse’s behind. I started taking cruises and used the excuse that ship phone calls were prohibitively costly and if I were really needed he could call me. Worked like a charm!
I went to a bar assn. stress relief workshop back then - the presenter said you absolutely should not contact your office on vacation. I asked what about a boss who required contact - and the entire class’s heads swiveled toward me and almost in unison they said, “GET ANOTHER JOB!”

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22.

Sue
May 28, 2009 7:59 AM CST

Ah, so this is how we downsize in an economic crisis?  Reduce staff and then work the remaning staff to death.  Oh, and don’t forget to be ever so grateful that YOU actually have a job, because everyone else got laid off?!!  PLEASE - this is absurd.  Attorneys are NOT machines, and everyone’s job needs to be stepped away from, often when there is much work to be done.  Sometimes the talking heads need to go back into their offices and talk to themselves, because no one is listening to their nonsense anyway!

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23.

Mark M
May 28, 2009 7:59 AM CST

I just make sure my secretary knows anything in
“emergency” status about which she should contact me, and the rest waits.  I tell my clients with active files when I am going on vacation.  Generates billable hours before I go, which helps me relax.  By definition, vacation is separation from work.

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24.

dub
May 28, 2009 8:02 AM CST

Ah, the wonderful world of big firm practice.  I’m guessing the partners that establish these expectations are either single or divorced, and likely either have no small children, or simply leave it to others to raise their kids for them.  If you want to be available for your clients 24/7, that’s your issue, but expecting every attorney in your firm to have the same mindset is selfish, pompous, and completely devoid of any thought about the health and happiness of the employees of the firm.  It’s unfortunate that some partners are so obsessed with chasing the all-mighty dollar that they are willing to sacrifice everything for it – family, friends, their health, and the health and happiness of those that work under them.  Such people may have all the money in the world, but will always be incredibly poor where it counts.  What does that extra money buy?  Another house? A nicer car?  Can’t take those things with you folks.  You can’t put a price on being there to watch your kids grow up, spending time with your loved ones while they are around, and stopping to smell the roses once in a while, and no income is worth giving up those things.

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25.

JT
May 28, 2009 8:06 AM CST

I have partners for the explicit purpose of being able to leave the office.  I cover for them, they cover for me.

I am married (15 years), have 5 kids and a 6th on the way.  I’ve billed 1900+ hours per year, every year.  That’s more than enough for me.  Clients unwilling to respect my life outside the office are welcome to take their work elsewhere.  (Same goes for partners.)

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26.

JB Field
May 28, 2009 8:06 AM CST

The US is one of the few countries in the world where many people do not take vacation time.  In most European Countries, vacation (or holiday as it is known) is practically mandatory - and it is not unusual for people to take two weeks time off at once.  Here, we think that if you take a few days off the world is going to end…..

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27.

Kathleen Kauffmann
May 28, 2009 8:18 AM CST

Perhaps it is time for those partners who expect other lawyers in their firm to be available 24/7, even while on vacation, to downsize their egos, rather than their firms!  Life really isn’t all about you and your ego or your bank balance.  Absolutely no one is so important that they cannot take a vacation or be unavailable for a period of time.  For those of you who are allegedly working or available 24/7, you will be a much better lawyer and person if you strive to find some balance in your life.

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28.

Formerly Consumed with Work
May 28, 2009 8:22 AM CST

According to Merriam Webster Online Dictionary, A vacation is (1) a respite or a time of respite from something : intermission; (2) a scheduled period during which activity (as of a court or school) is suspended b: a period of exemption from work granted to an mployee.

I can’t see how checking in with work fits in there.  Work is not life.  It is necessary, but it should not invade all areas of your real life.  You don’t know how much time you have, do you really want to leave behind a legacy of being the perfect employee, or the perfect friend, brother, mother, father, etc.  You get to choose, but for me I choose to have a career that is a tool to support the real life I want.  I will not let it invade that life; only support it.

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29.

Troy
May 28, 2009 8:24 AM CST

No.  Although I am not an extremist, and I don’t mind answering a quick question in an emergency, it is not worth missing one minute of vacation to answer ridiculous questions.  If I can’t take a vacation this job is not worth it.

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30.

Ben Wagner
May 28, 2009 8:27 AM CST

My mentor partner at my firm has always told me to make it a point to take a real vacation, and to take 2 weeks to make it matter.  I turn off the blackberry on the real vacations but they know in an emergency I can be reached by phone—this ups the bar to true emergencies.  On shorter vacations (i.e. extended weekends), I keep the BB on.

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31.

JRW
May 28, 2009 8:28 AM CST

Lawyers who have trained their clients that they are available 24/7 have made a sad error, for themselves and their clients.  You have made the decision that no one can ever back you up and that all matters are equally important from a legal standpoint.  If you need to believe you are indispensible, that’s fine.  This is your choice; not that of your colleagues, associates or staff. Take responsibility for your choices and live with the consequences.  That includes the poor legal judgment that results when humans get no rest.  Yes, that includes you, I’m sorry to say.

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32.

Jordan Mike
May 28, 2009 8:28 AM CST

Let’s find out who the Clearly partner is and start checking his availability.

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33.

REB
May 28, 2009 8:43 AM CST

I am amazed that so many get so worked up by articles like this. Who really cares what some Cleary partner thinks,expects or requires (unless,of course,you work at Cleary)?  People should concentrate on their own lives and practices and not worry about what others pontificate.

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34.

BMF
May 28, 2009 8:48 AM CST

Panasar might want to re-think the liability of having his people in constant contact on the client’s whims.  If I had a dollar for every time I heard an attorney discussing confidential case information on his BB at the local coffee shop, I could afford to take a long cruise.

I simply don’t give out my cell number to most clients. They are feel free to e-mail me any time for free—but I will charge them at the usual rate after 15 minutes for phone calls. I’ve never received a complaint that I’m not “accessible” enough. I feel that I’m more productive and less stressed when I can work uninterupted and deal with client issues when I need a break from writing.

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35.

paul
May 28, 2009 8:54 AM CST

Really? This type os “total access” drivel is actually anti-client and disproductive (a word I just made up).  I always tell my clients that I do not answer my cell phone or check email while working on their case and I extend the same focus to my other clients during the day, night, and vacation.  Constantly interrupting your work only encourages unrealistic client expectations, but actually detracts and delays the work you are doing or the vacation you are trying to avoid.  However, #15 has a point that electronic accessibility can be liberating if you need a break away for a short time but still be available, but somehow I doubt this applies to Clearly et al.

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36.

BMF
May 28, 2009 8:55 AM CST

#18: That should be unnecessary. In CA, if you think ahead, you can file a Notice of Unavailability with the court. I’m sure there are similar options in other states. You can also make plans for cover with other attorneys in advance.

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37.

Sonja P
May 28, 2009 9:02 AM CST

As with everything, there needs to be balance.  I go on vacation but am reachable if needed.  there are 3 of us attorneys in this firm and often I am the only one familiar with a certain file.  If the attorney covering needs to know something about it, the office can reach me via cell phone.  They respect my time off otherwise.  To be completely shut off is, in my opinion, reclekss.  Of course, if one properly prepares for vacation, then you’ll clear your docket and minimize the need to contact you while you’re gone.  I check my email occassionally on vacation and will respond to a client that I am out of the office, but upon my retrun I will get to it.  Every one has responded that they were glad to hear from me, have a great time, talk to you when you get back.  We must each decide what we can handle.  But we cannot put a client’s case in jeopardy just becaue we don’t want to have anything to do with the office while away.  If you don’t like it, do something else.

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38.

JCannon
May 28, 2009 9:05 AM CST

It’s management like that at cleary that makes associate unionization necessary. Without it, individuals like this will continue to drive intelligent and hardworking attorneys out of the traditional law firm model, making law firms less attractive to clients and future recruits.

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39.

Leonard
May 28, 2009 9:08 AM CST

there is no work that is important enough to ruin a vacation. the practice of law is a pressure cooker and the pressure must be relieved at times. As a sole practitioner I “eat what i kill” and am very happy to go away and come home refreshed. if i had to check in every day there would be no relief and the vacation would not be a vacation.

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40.

John Meyer
May 28, 2009 9:10 AM CST

I would agree with that advice only in rare circumstances - such as if the vacationing lawyer possess unique knowledge and/or expertise without which a truly serious emergency cannot be resolved.  Something is wrong if a firm with the quality and depth of lawyers of Cleary Gottlieb in unable to back up vactioning lawyers for a few weeks a year.  I admit to violating my own policy, but I do believe that it is healthy to sever oneself from work pressures from time to time.

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41.

Mark Johnson
May 28, 2009 9:11 AM CST

Get a life!

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42.

Barbara Res
May 28, 2009 9:14 AM CST

wow, I thought John Grisham made this stuff up!

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43.

JMH
May 28, 2009 9:18 AM CST

If Big Law is prepared to continue to lose some of its best and brightest to jobs with better conditions, it can continue to have these policies.  I was on the partnership track at a big firm and left because I didn’t want to be a stranger to my family, and I was definitely not the only one.  In the end, I think the partners have to make a decision about what’s most important to them in an associate, and 24/7 availability might be it.  If so, they have to be honest with associates from the outset about what they’re signing up for, and what that big salary is meant to buy.  Then the associate can make an informed decision to take the job or look for something else.

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44.

Eric in the Red
May 28, 2009 9:28 AM CST

I make it a point to not have any internet access during a vacation and will not check any email, personal or business. My standard for interruption, is whether the emergency is of such a cataclysmic and unique nature that only I can respond and failure to do so would result in a forfeiture of rights for my client. Fortunately, this has happened only once in 16 years of practice, and I have always worked in offices with 4 lawyers or less.

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45.

Dave Hols
May 28, 2009 9:29 AM CST

Oh for the good old days when everyone kept regular hours, there were times when we just coiuldn’t be reached and the practice of law wasn’t populated by hordes of hungry lawyers hustling for work, any work, and employing market strategies aimed specifically at our clients. I’m afraid Darwinsim has found us. (And do keep that Blackberry under your pillow).

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46.

former big law associate
May 28, 2009 9:37 AM CST

Ahhh this is why I fled Big Law.  Salaries are so high at Big Law that it’s tough to complain about heightened expectations and loss of personal life.  You don’t get something for nothing.  So rather than complain about, oh, having to CANCEL a vacation at a partner’s request, I did so with a smile on my face, and ultimately found a new professional life that fits my lifestyle (while paying about a quarter of my previous salary—but you’ve got to decide whether you love money or you love living).

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47.

Camille Taylor Ralston
May 28, 2009 9:43 AM CST

I am about to go on vacation with my family for 2 weeks.  I am taking no electrical devices and will seek out no internet cafes.  I leave behind good partners and associates who will cover my clients for me and all my clients know I’ll be away and unreachable during these 2 weeks and they have a substitute to contact if needed.

I have been practicing law over 25 years and have lived the “progress” from mail to fax to email to blackberry with the accompanying increase in demand for speed from clients.  Speed is not always a good thing.  One comment analogizes the need to serve clients 24/7 to fast food restaurants.  Would you really rather eat at a fast food restaurant than one with white tablecloths and a dinner schedule?  The “quick answer” by reply blackberry is often not the answer one would give if one took the time to review the file and reflect a bit on the client’s situation. 

As in all things, balance and perspective are necessary.  Doctors only take call a few times a month.  To give clients 24/7 access is an unreasonable toll for being a lawyer.  Try setting reasonable expectations with your clients and you will see that it works.  They do understand that we have lives too.

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48.

Marc Cryer
May 28, 2009 9:49 AM CST

When I’m gone I’m gone.  I use my vacations to hike and am way beyond the reach of a cell phone, thank God!  Unless you are going solo a well run office or law firm should have coverage for their attorneys and shouldn’t require that a well planned vacation, taken at the right time, be interrupted so that a client can speak to a specific attorney. Solo practitioners just need to plan their time off well and choose reasonable clients.

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49.

ex-lawyer
May 28, 2009 9:49 AM CST

This type of mentality is why I quit the law. The idea that I am owned by either my clients or my boss is absurd.

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50.

Partner
May 28, 2009 9:50 AM CST

I think the trick when you work during vacation is to learn how to shut off work mode andreturn instantly to vaction mode.  A trick I have mastered.  By doing some work during vacation, I can significantly decrease the pile of work we all face on our return from vacation.  I respond to voice mail messages and email selectively based on urgency and importance, and I speak with my paralegal at least every other day to assist her in taking care of various matters for me so that I won’t have to deal with them on my return.  This makes my life easier, keeps clients happy and interfers little with my vacation.

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