The expectation that attorneys should be available at all hours of the day and night is, in large part, a product of fictionalized portrayals of legal work in popular media. While certain practice areas—such as criminal defense and those indicating emergency injunctions—necessarily require after-hours availability, the notion that all attorneys must be hyper-responsive at all times, akin to a Nietzschean Übermensch, is both unrealistic and damaging.
This false expectation, manufactured and propagated in large part by fictional representations in motion pictures, television, and print media, contributes significantly and detrimentally to attorney burnout, as well as the well-documented substance abuse issues in the profession, spurring the creation of lawyer assistance programs in nearly every jurisdiction.
Leveraging Technology to Improve Efficiency and Reduce After-Hours Work
Robotic process automation and other technological advancements, when implemented responsibly, allow attorneys to streamline administrative tasks, thereby reducing the need for after-hours communication. By automating routine processes—such as document generation, scheduling, and client intake—attorneys can devote more time to substantive legal work, minimizing inefficiencies that might otherwise necessitate late-night responses to client inquiries.
Establishing Clear Communication Expectations from the Outset
To mitigate unrealistic client demands, attorneys must set explicit communication boundaries at the beginning of the engagement, both in terms of timing and medium. At my firm, we enforce a strict no-texting policy stemming from the confidentiality risks associated with text messaging. See ABA Considerations for Communicating with Clients via Text Message. Additionally, we make it clear that communication will occur during standard business hours, except in true emergencies. Some firms, including mine, implement after-hours fees for responding to client communications outside of regular working hours, encouraging clients to prioritize their requests more effectively.
On the other hand, I personally compose and transmit weekly status updates to every client in writing, typically on Friday afternoons, to keep them apprised of matter status and next steps. This proactive, rather than reactive, approach serves as both a guideway and guardrail to foster effective communication throughout the engagement.
The Link Between After-Hours Communication and Unrealistic Client Expectations
In my experience, clients who demand immediate responses at all hours often have unrealistic expectations regarding their matters and experience the resultant (and avoidable) disappointment when reality fails to mirror their castles in the sky. There is a palpable correlation between excessive client demands and dissatisfaction with case outcomes, irrespective of the actual merits of their claims. Setting communication boundaries early helps coach clients who are prone to such expectations, fostering more productive attorney-client relationships.
Distinguishing Genuine Emergencies from Perceived Crises
While emergencies do arise, the reality is that most legal matters do not require immediate action outside of business hours. Clearly communicating this to prospective clients reduces stress for attorneys, improves work-life balance, and enhances staff retention. Furthermore, ethical grievances against attorneys are often tied to poor communication, making it essential to proactively manage expectations. See ABA Guidelines on Protecting Against Client Complaints and Common Mistakes Leading to Ethical Complaints.
Codifying Communication Policies in Engagement Agreements
It is incumbent upon attorneys to document and enforce communication policies throughout the engagement. This includes incorporating these policies into engagement letters, coaching both clients and staff on the firm’s communication expectations, and maintaining a consistent approach to handling client inquiries. Doing so not only ensures predictability but also mitigates the risk of misaligned expectations leading to client dissatisfaction.
A Two-Way Street: Respecting Clients’ Boundaries
Just as attorneys do not want to be inundated with non-urgent client communications after hours, many clients also prefer to keep legal matters confined to working hours. Except in cases of true emergencies or time-sensitive deadlines, attorneys should reciprocate by limiting their outreach to clients during business hours unless a client explicitly requests otherwise, and even then, attorneys should consider the need for and time-sensitivity of the proposed message.
The Need for Balance and Pragmatism
Ultimately, the legal profession must strike a pragmatic balance between client service and attorney well-being. The expectation that attorneys must be available 24/7 is not only unsustainable but also unnecessary in most cases. By leveraging technology, setting clear expectations, distinguishing true emergencies from routine matters, and respecting both attorneys’ and clients’ personal time, legal professionals can provide effective representation without succumbing to the burnout that plagues the profession.
