As lawyers enter what is likely their sixth month of remote work, they may feel more pressure than ever before. Homes feel smaller, stressors feel more significant. Further, some lawyers have been deprived of their regular ways of developing business, from in-person dinners with clients to attending conferences. The daily news events and potential harm to the economy can also create stress.

Lawyers may also face financial and other pressures, given that clients may be slow to pay if their businesses have been impacted by the ongoing closures. Many firms have had to take some austerity measures in light of the quarantine and disruption to income. Lawyers who have financial obligations may find themselves without the resources to obtain new work or to receive payment for completed work.

Sometimes extrinsic financial and social pressures can lead to lawyers making bad decisions. Indeed, in times of global economic trouble or personal strife, there is evidence that lawyers may be more likely to engage in risky or even illegal behavior as a response to the stress. Some pundits believe the unique pressures created by this year could also cause lawyers—and those they supervise—to take risks that they normally would not in light of their feelings of desperation. Making misrepresentations to courts, engaging in financial mismanagement, or failing to serve client needs can occur more often when a lawyer is under stress. 

Here are some tips for managing the risk of improper behavior during stressful times.

Are Colleagues Struggling?

Many lawyers and their teams have gotten into a routine in working from home, conducting business remotely, by conference call, and by video chat. As working from home continues to serve as the standard, it can be helpful to continue to connect with colleagues and team members. In having dedicated time to connect with others, lawyers can observe how others in their practice are doing, whether they seem exceedingly stressed, and if they need support.  

Lawyers dealing with personal or financial stress may be more likely to take improper risks in their practice given the pressure they are experiencing.  A support network can help catch lawyers before they fall.  And a lawyer may be able to determine that a colleague needs additional help or support.

Lawyers who are acting to deceive or mislead colleagues or clients are sometimes successful in concealing their conduct from others. However, an active support network—and a supportive culture to help lawyers manage stress—may provide a way out for those lawyers who cannot see another course of action.

Are Staff Members Taking Breaks?

A firm’s administrative staff—including those who pay the firm’s bills or monitor the till—may also be under additional pressure. Many firms are encouraging their employees to take breaks, to use their PTO, and to balance their home lives, while also encouraging lawyers to be supportive of administrative staff that need extra support or consideration for their other obligations.

Encouraging employees to take “days off” is critical to mental health and can be helpful to the firm from a practical perspective. Sometimes, misdeeds (such as mismanagement) only come to light when others have to cover for a person on vacation. Firms also are reviewing how best to manage personnel in remote working to ensure that employees and lawyers stay motivated to provide high-level client service in unusual settings. For some, remote work can be relatively seamless. For others, there can be a risk that remote work means things fall through the cracks.

Some firms are providing direct grants to staff to help alleviate financial pressures caused by current events. While this is certainly not required, that kind of support may alleviate the temptation for employees to consider illicit behavior as a remedy.

Can the Bar Help?

Financial pressures and other stressors are not new to lawyers (although recent events have involved such burdens at an order of magnitude). Most state bars have dedicated resources for lawyers who are struggling with stress or financial pressure. Some even provide financial counseling to lawyers.  

Many state bars also have resources specifically aimed at helping small firms or solo practitioners, given the unique stresses they may experience. Indeed, although larger firms are feeling economic pressure, smaller firms may find that they are exceedingly dependent on just a few lawyers to help keep the lights on. That burden can lead lawyers to take risks they normally would not. But talking to the bar can be a helpful first step to identify resources.

Are Lawyers Aware of the Consequences?

When lawyers decide to engage in improper or illegal conduct as a result of social or financial stressors, it can be because they are concerned with what will happen if they don’t engage in that risky behavior. If their clients are not hiring them for new work, those lawyers may feel more tempted, for example, not to release unused retainers back to clients (in violation of the Rules of Professional Conduct). The truth is, however, that the consequences for engaging in risky or illegal behavior are often far greater than the perceived consequences of not engaging in that risky behavior.

Notwithstanding a desperate situation, taking illicit steps can create significant risk, ranging from censure from the bar to being fired to facing criminal liability.

The practice of law, at its core, is a collegial and supportive profession. If you are struggling, ask for help. Doing so may not only help weather these uncertain times, but also preserve a livelihood and career.