Small Law Firms, Technology

Thoughts About Using Out-Of-Office Replies

Receiving an out-of-office reply can be somewhat annoying in certain circumstances.

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Out-of-office replies are pretty commonplace throughout many corporate workplaces, including law firms. For people who may not be familiar with this technology — they do exist — out-of-office replies automatically respond to an email, stating that the recipient is away from their computer due to a vacation, family emergency, or other reason. Although out-of-office replies definitely serve a purpose, they should be used in only certain contexts.

I am old enough to remember the beginning of mass emailing in the mid-1990s. I remember sending my first email to a teacher in 1996 and accidentally sending about a dozen messages since I had no idea what I was doing. In an earlier time, people had more difficulty checking email. Indeed, emails could only be reviewed on computers, and if someone was in a remote place, they might not be able to access a computer. Moreover, people just didn’t check email as often. Around the turn of the millennium, I remember a teacher telling me that she was very attentive to email, and made sure to check it every day! Of course, people now check email dozens if not hundreds of times a day.

In an earlier time, it made a lot of sense to throw up an out-of-office reply in many contexts, since people naturally did not check emails as often or might not have access to email. However, now people can access emails constantly even if they are away from their physical offices. Receiving an out-of-office reply can be somewhat annoying. This is especially true when people need to email a multitude of attorneys and others about a matter and then receive an insane number of automatic messages in response. In order to balance the benefits of using out-of-office replies with the annoyance of receiving perhaps unnecessary automatic messages, people should consider a few things before activating an out-of-office reply.

Let me first say that out-of-office replies are definitely worthwhile if they help establish boundaries between someone’s work life and personal life. With the widespread adoption of work-from-home technologies, people have a more difficult time than ever getting off the grid to relax without needing to review and respond to work messages. If someone needs to set up an out-of-office reply so that people will respect their personal time, more power to them because law firms and attorneys should hold work-life balance more sacred than many shops do right now.

In any event, the length of time a person will be away from their work obligations is a major factor when determining if an out-of-office reply is necessary. I don’t think it is generally necessary to activate an out-of-office reply if someone will be away for less than a day. I have seen attorneys put up such messages when they will be indisposed for a few hours for some kind of hearing or other legal matter, and there is almost always no reason why they can’t just get back to the person at a later time without an out-of-office reply. Even if someone will only be out of pocket for a day or so, it might make sense to just respond to someone at a later time rather than spam email folders with out-of-office replies.

In addition, if an out-of-office reply is absolutely needed, lawyers should feel free to include a message about what they will be doing if they are comfortable. Such messages can help others know a little about the person they are emailing and why that person will be unavailable. One time, I received an out-of-office reply from an adversary who said he would be gone for a week on a long motorcycle trip, and he would not be able to really look at his phone while he was riding. This made me think my adversary was such a badass, and I could understand why he was so out of pocket. Other counterparts have similarly disclosed vacation plans and conference attendance as the reasons they were gone, which I appreciated.

It is also important when using out-of-office replies that people note who can be reached if there is an emergency. Many lawyers already adopt this practice, but many legal professionals forget to include someone who can be contacted if a matter cannot wait for someone to return to work. Moreover, it is best to be specific with the particular person who can be contacted if emergent matters arise. Many times, people just list a general office number which may not be helpful in a given situation. Indeed, one time, I was working on a closing and absolutely needed to contact someone at the firm as soon as possible, but an out-of-office message just provided the general office phone line, which left me and the other people involved with the closing scrambling.

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All told, out-of-office replies definitely still have uses within the legal profession, especially when establishing work-life boundaries. However, people should be thoughtful about when they decide to use out-of-office replies and what they include in the message to be as efficient as possible.

Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

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