The solo lawyer's guide to closing the office for a week.
Solo and small-firm attorneys face a unique vacation problem: court deadlines don't pause, opposing counsel doesn't know you're gone, and 'I was on vacation' is not a malpractice defense. Here's how to take a real week off without missing a filing.
Quick answer
Three things solo attorneys must do before any week off: (1) check the docket for filings during the trip window — handle now or assign to covering counsel with explicit authority; (2) notify opposing counsel and the court on active matters; (3) set up routing for client crises so emergencies reach a covering attorney, not your voicemail. Bar rules vary by state — check yours on what 'covering attorney' arrangements require.
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Pull every active matter and check the docket through the trip window. Anything filed during your absence either gets handled NOW or gets covering counsel.
Statutes of limitations that touch your trip dates: handle now, no exceptions.
Pending settlement deadlines: extend (with consent) or pre-handle.
Discovery responses due: file before you leave OR get a stipulated extension.
Court appearances scheduled: covering counsel files appearance and handles, OR motion to continue if no covering arrangement available.
The covering attorney arrangement
This isn't a one-line agreement; this is a real contractual arrangement. Don't wing it.
Written agreement with the covering attorney specifying scope and dates.
Notice to clients with active matters during the coverage window.
Disclosure to court on active matters (some states require this; check your local rules).
Confidentiality and conflict-check protocol.
Client communication
Active-matter clients
Personal call or email at least 7 days before the trip. 'I'll be out from [dates]. [Covering attorney] is handling urgent matters. For non-urgent, I'll respond when I return.' Get their acknowledgement in writing.
Inactive-matter clients
Standard auto-reply with covering attorney info and routing URL.
Prospective clients
Auto-reply explaining you're not taking new matters during the trip and will respond on return — or have a junior associate / referral partner intake.
Court / opposing counsel notification
On every active matter, send a one-line notice 7 days out: 'I will be out of office from [dates]. [Covering attorney] will appear/respond on urgent matters during this window. Please copy them on any time-sensitive correspondence.'
Most opposing counsel will respect the notice and route accordingly. The few who don't will at least be on record knowing.
The 'no laptop on vacation' question
Some attorneys feel they must check email daily for client matters. This is rarely necessary if covering counsel is set up properly — and the constant checking undermines both the vacation and the covering arrangement.
Compromise: check email at one specific time per day for 10 minutes max, only to confirm covering counsel hasn't flagged anything. Don't reply. Don't open documents. Just confirm. Set a timer.
Bar-specific considerations
Universal: malpractice insurance carriers will want to see your covering arrangements documented. Check with yours.
California: Rule 1.3 (diligence) — covering arrangements OK with disclosure.
New York: Rule 1.3 — must take reasonable steps to protect clients during absence.
Texas: similar diligence rule; covering counsel arrangements common.
Florida: Rule 4-1.3 — must arrange for matter handling during absence.
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