The Tech Savvy Lawyer

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My Two Cents: A Lawyer's Right to Untether from Work During Their Personal Time May Become Law in One State - What Should This Legislation Signal to the Rest of Us?

New legislation in california aims to give employees the right to Electronically disconnect from work in this current 24/7 always on world given to us by today’s Technology.

I've been closely following the introduction of Assembly Bill 2751 (AB 2751) in California, and I must say, it may be a game-changer for us lawyers. This move is crucial in a world where being constantly connected has become the norm, extending our workdays indefinitely with emails, texts, and calls. For us lawyers, we're in a profession that demands our all, often blurring the lines between our work and personal lives, especially since the pandemic hit. Ironically, the integration of technology, while meant to streamline our work, has increased the pressure on us. Being expected to be on call 24/7 has led to 'technostress,' with significant psychological impacts. The inability to disconnect can lead to burnout, depression, and anxiety. Moreover, the constant connectivity deprives us of the downtime our brains need to recover from daily stressors, affecting our well-being and productivity in the long run.

AB 2751 is a breath of fresh air. Its clear aim is to give us the right to unplug from work after hours without fear of backlash from our employers (how this translates into the real world may be a different question). For someone like me, who's passionate about integrating technology into our practice to enhance our services and reclaim some personal time, AB 2751 hits close to home.

Lawyers also have the right to disconnect from work and recharge!

It's not just about setting boundaries; it's about acknowledging the digital leash that's become a part of many professions, including ours. The expectation to be always on, ready to respond to clients' needs, can be overwhelming. While I already think lawyers can manage expectations of their employers and clients by setting some boundaries from the beginning - see My Two Cents: Attorneys can limit client expectations in the world of 24/7 e-mail. - this legislation could offer some form of protection for those employers or clients who abuse their lawyers with unreasonable availability expectations/requirements.

AB 2751 recognizes that allowing us to disconnect benefits not just us as individuals but also our clients and the justice system at large. It also plays a crucial role in attracting and retaining talent within our profession. Many young professionals today seek flexibility and well-being alongside their career goals. Firms that support policies like AB 2751 will stand out as more attractive employers.

But implementing AB 2751 in law practices comes with its challenges. The nature of our work often requires immediate attention to cases, demanding a balance between the right to disconnect and the needs of our clients and cases. It calls for reassessing how we manage workloads and communication expectations after hours. This could lead to more efficient use of our working hours and better planning and delegation within our teams.

Do lawyers have the right to unplug from work and find a moment of zen?

AB 2751 is not just about recognizing the need for downtime in our always-on culture; it's about encouraging a broader cultural shift within organizations to value restorative time off. It offers us, legal professionals, a chance to redefine our commitment to our careers without sacrificing our health or happiness. As this legislation unfolds, its real-world application will be a litmus test for traditional operational models and an opportunity to foster more sustainable practices within our profession.

But, admittedly, in our legal profession this may be more easily said than done...

MTC