690 THE ADVOCATE
VOL. 80 PART 5 SEPTEMBER 2022
igation firms reported that 2021–22 has been a record year. It seems that, for
some, working from home meant working even longer hours. Any workfrom
home policy must prioritize protecting downtime and promote understanding
of its benefits to mental health.
And, while I am at it, make vacations mandatory and meaningful. For
everyone.
I articled in 1974 with the firm of MacKinnon McTaggart, what would
then be described as a “medium-sized” firm of about 25 lawyers, with a
strong litigation department. When I returned as an associate in 1976, the
first thing I was told by one of the more senior partners was to “plan your
summer vacation now—we all take four weeks in the summer.” The message
was clear: you and your family are important to us, and you need a
good break. We worked hard, without a doubt. Because the practice was litigation,
we would sometimes work full-out for weeks at a time. But we
knew, and our families knew, that when the job was over, there would be
time for rest and breaks. No one was expected to work at night or on the
weekends, although we assuredly did at times. And we were able to manage
unexpected demands and emergencies because our default pace was not to
work 24/7. In my experience, weekends were the exception, not the rule,
and our clients did not suffer for it.
Lawyers should be required to take vacations, guilt-free.
Everyone who does litigation knows that there are emergencies or times
when everyone has to work full-out for days on end, particularly in trials.
But in my view, people can get through that, and even enjoy it, if they know
that when the crisis is over, their need to refresh and recharge, and get back
to their families and lives, will be respected.
If your litigation team seems to be running in crisis mode at all times,
take a hard look at it. Is the team too lean? Is the work being allocated fairly
or are some lawyers overworked and some underutilized? Is there a system
in place to regularly monitor work allocation and to re-assign files where
appropriate? These are serious concerns for a law firm to address. The
answer cannot be to regularly work evenings and weekends and skip vacation.
Overworked lawyers are less able to mentor others, contribute to a
healthy work environment, prioritize their own mental health or respond
to urgent demands.
4. Let Go of the Gladiator
It bears noting that many gladiators were slaves, prisoners of war or convicts—
pressed into action for the amusement of the masses and to distract
them from their misery. Maybe in 2022 we should get rid of the image and
find a better role model for litigators.