It is currently the Jewish High Holidays, and this time of year always reminds me of an issue that lawyers might not consider when communicating with clients. Attorneys are usually pretty good at keeping track of court holidays, filing deadlines, and other dates that affect their practices. However, lawyers should also be cognizant of religious holidays that might impact when their clients are available.
I learned this lesson from firsthand experience. I generally work during most of the Jewish holidays. In the past, I sometimes sent emails to clients on Jewish holidays just as I would on any other workday. Some of my Jewish clients observed those holidays, and I could tell on occasion that my communications during a holiday peeved them.
Of course, lawyers should not make assumptions about a client’s religious beliefs or practices. Two people who identify with the same religion might observe holidays in completely different ways. Some people might refrain from working but still check their phones, while others might completely disconnect from email and other technology. Still others might not observe a particular holiday at all. The point is not that lawyers should stereotype clients based on their perceived religion, but that attorneys should have enough awareness to recognize when a religious observance might affect communications.
This can be particularly important when a lawyer is waiting for a client to provide information or make a decision. Lawyers are often operating under significant time pressure, and it is easy to become frustrated when a client does not answer an email or return a telephone call. Sometimes attorneys send follow-up messages or escalate their communications because they assume a client is simply being unresponsive. Before doing so, it might be worth considering whether there is a religious holiday or observance that explains why the client is temporarily unavailable.
Lawyers can also benefit from knowing that a client observes particular holidays. If an attorney knows that a client will be unavailable for a few days, the lawyer can try to obtain approvals, documents, or other information beforehand. This is not much different from planning around a client’s vacation or other known absences. A little preparation can prevent a lawyer from scrambling for instructions when the client is unavailable and a deadline is approaching.
Religious observances can also affect the tone of communications. There is ordinarily nothing wrong with sending an email while someone is away from work since the recipient can simply respond when they return. But repeatedly sending messages, demanding an immediate response, or acting surprised that someone is unavailable during an important religious observance can come across poorly. Clients hire lawyers in part because they expect attorneys to exercise judgment, and judgment includes understanding that not everyone organizes their life around the same calendar.
This does not mean that lawyers need to become experts on every religious tradition. There are countless holidays and observances, and the significance of each one varies considerably among individuals. Moreover, religion is a sensitive and personal subject, and attorneys should be careful about unnecessarily questioning clients about their beliefs. In many situations, simply paying attention to an out-of-office message, calendar notation, or something a client has previously mentioned will provide all of the information a lawyer needs.
Technology can make this even easier. Calendars can display major religious holidays, and a quick internet search can provide basic information about an unfamiliar observance. Lawyers who represent numerous people from a particular community or organization may also naturally become familiar with dates when many of their clients are likely to be unavailable. None of this requires much effort, but it can help attorneys avoid unnecessary friction with the people they represent.
Lawyers spend a great deal of time thinking about how to provide excellent client service. Usually, this involves substantive things like returning communications promptly, providing useful advice, and keeping clients informed about their matters. But client service also involves understanding the people lawyers represent. Being cognizant of religious observances — and giving clients some space when appropriate — is one small way attorneys can demonstrate that understanding.
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@rothman.law.
The post Maybe Don’t Blow Up A Client’s Inbox On A Religious Holiday appeared first on Above the Law.
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