Lawyer impairment in the age of remote work

Conn Kavanaugh

In response to the coronavirus pandemic, most lawyers spent at least several months working at home. Law firms are now opening back up, but many anticipate allowing their lawyers to continue to work at home at least some days of each week.

Remote work may turn out to be helpful to individual lawyer well-being, but at the same time law firm management may have more difficulty recognizing and assessing mental health issues that could interfere with a lawyer’s ability to practice law.

In this new world of remote or hybrid work, law firms remain responsible for monitoring the activities of their lawyers and other employees, and to take action if it becomes apparent that a colleague is suffering from an impairment that could lead to a violation of the Rules of Professional Conduct.

Originally published in Lawyers Weekly on July 29, 2021.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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