When Tom Hanks was featured on Inside the Actors Studio, he was asked which job he would not like to do. His immediate response was, “A lawyer. That’s like doing homework for a living.” If we are honest, many of our daily tasks outside of the courtroom can certainly feel like endless homework assignments. Drafting a brief might take you back to the days of writing research papers. And preparing discovery responses? Definitely a tedious, what-is-the-point-of-this?!-type project that can hang over your head for weeks.

In late 2022, the ABA conducted a survey of lawyers still weathering the post-pandemic work world. According to the findings, 87% of lawyers surveyed reported that their firms allowed them to work remotely, with 30% of lawyers working from home almost exclusively. Now, a few years removed from that study, I think we would find a majority of firms still allow hybrid work schedules. And while working from home can certainly help lawyers achieve some level of work-life balance – perhaps by skipping the commute or fitting in a workout during lunch – lawyers must be cognizant of the malpractice risks when working outside of a typical office setting. Avoid getting too comfortable in your home office and consider these tips:

Confidentiality – While firm offices are equipped with sophisticated Wi-Fi networks, our homes are generally less secure and thus vulnerable to security breaches. To ensure you comply with your duty of confidentiality under Model Rule 1.6, consider consulting with your internet provider or firm IT professional about how to better protect your network when working from home. And be sure to properly handle and dispose of confidential client documents to avoid any inadvertent disclosure to family members or visitors to your home. 

Supervision – With the traditional five-day, in-person workweek now largely a thing of the past, supervising attorneys face new challenges in monitoring the work of junior lawyers. What’s more, breakdowns in communication when lawyers are working remotely can result in missed deadlines and other avoidable errors. Working from home also means that new attorneys lose the benefit of the training and mentorship that comes with attending hearings, popping into someone’s office for a quick question, or grabbing lunch with colleagues. Consider establishing bi-weekly meetings to ensure you satisfy your duties to supervise a new attorney with a hybrid schedule and make yourself available for questions. You may also consider sharing calendars or exploring how your case management software can help everyone stay organized whether working from home or in the office.

Unauthorized Practice of Law – Technology has changed the practice of law in ways we could have never imagined. The use of AI has transformed the practice, and the technology will continue to evolve and improve. And, with a laptop and a Wi-Fi connection, a lawyer can now practice virtually anywhere. However, this flexibility raises ethical considerations concerning multi-jurisdictional practice under Model Rule 5.5. So, before you log in, check the laws of the state where you are licensed and where your beach house is located, as states continue to amend their versions of Rule 5.5.

Although we have traded school due dates with court deadlines, and assignment notebooks have been replaced by sophisticated case management software to manage your calendar, Tom was probably right – we are still doing homework. But by keeping these tips and best practices in mind, you can better safeguard against malpractice risks when working from home.

What role?

What is your favorite Tom Hanks' movie role?

• Forrest Gump in Forrest Gump
• Sheriff Woody in Toy Story
• Jimmy Dugan in A League of Their Own oice
• Chuck Noland in Cast Away

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