The Florida Bar has taken steps to recognize parental leave as a valid reason for a continuance of trials and significant court activity for lead attorneys in cases—including both women and men attorneys. Recently, the Florida Bar Board of Governors voted unanimously to recommend a new Rule of Judicial Procedure to allow lead attorneys to obtain a three-month continuance for parental leave, provided the continuance does not cause “substantial prejudice” to opposing parties. If this rule is approved by the Florida Supreme Court, it will be the first of its kind in the United States.

Getting to this point hasn’t been easy. The vote marks the third time the Florida Bar has attempted to get such a rule passed. Some members of the Bar who opposed the proposed rule in the past believed it to be unnecessary and that continuance decisions should remain at the discretion of the judge.

Why can't you be in trial then?
Why can’t you be in trial then?

But recent incidents of judges denying continuances for maternity leave—and even failing to permit short breaks for breastfeeding mothers to pump milk—continue to abound,  as suggested hereherehere and here. Admittedly, many great judges do reasonably accommodate expectant mothers, but overall, there’s evidence that the discretion of judges has not worked well. In fact, often the system puts women attorneys in the difficult position of having to justify the “favor” of a continuance, or even filing bar complaints against judges who are hostile towards their pregnancies (when the women may very well have to appear before those judges again). Florida Special Committee on Gender Bias member, Paul SanGiovanni got it right when he said he’s not so much concerned with judges abusing their discretion, but

my position is, a woman should not be put in the position of having to argue that in the first place. The same for men who have to go home and take care of their wives and families.

Continue Reading Florida May Make History For Attorneys and Parental Leave

EDITOR’S NOTE: This is the third and final post in the blog series Diary of a Pregnant Lawyer – Pregnancy in the Professional Workplace. The first blogmester is here, and the second is here. Mallory wrote all three installments before she had her baby on December 22.

pregnant woman and high heel shoes
“Uh, I don’t think so!”

Welcome to the Third Blogmester! This blogmester feels very near and dear to my heart, because as I am writing this one I am about as preggo as a preggo can be. I am very uncomfortable, owing to the giant baby mushing all of my innards, and writing in between contractions. Don’t worry – they are not timeable (I don’t think?).

But remember at the very beginning of my blog series when I said practicing law while being pregnant is hard? Well, that sentiment stems mostly from the third trimester, during which the difficulty of working in a professional atmosphere correlates with the growing of the baby bump. Heels, suits, pantyhose – HECK NO to all of these things, I say! I am now proudly rocking the “frumpy” professional look because it is truly the best I can do short of showing up in my pajamas.

Continue Reading Diary of a pregnant lawyer: Third blogmester

EDITOR’S NOTE: This is the second in the three-trimester blog series Diary of a Pregnant Lawyer – Pregnancy in the Professional Workplace. The first blogmester is here. On December 22 (after she wrote her last “blogmester” post, which we’ll publish later this month), Mallory gave birth to Margot Eleanor Ricci. Congratulations, Mallory!

You have survived the first trimester! Many consider the first trimester to be the hardest of the three (I respectfully disagree and will elaborate more in the upcoming Third Blogmester post).

"Honey, I made it to my second trimester!"
“Honey, I made it to my second trimester!”

If you spent the first trimester escaping to your office for 30-minute power naps, escaping to the bathroom for vomit sessions, or escaping to the fridge for some craving-satisfying snacks, things may be looking a little better for you now.

Unless you’re like me, and the fun times are rolling for a little while longer.

In any event, this second 12-week period is considered to be the easiest. But that doesn’t mean the second trimester doesn’t come without issues, some of which involve the place where professional women spend the majority of their time – work!

Let’s read about some other practicing attorneys’ experiences during the middle of their pregnancy and see if this trimester is as uneventful as it seems . . .

“I was six months pregnant with my first child, and huge. I was at a hearing in the judge’s chambers. Opposing counsel asked when I was due, and I said in three months. The male judge looked at me in amazement and said ‘are you expecting twins?’ I said ‘no,’ and he was hugely embarrassed. Needless to say, I won the hearing.”

“I may be one of the only women who HATED being pregnant. (Or at least one of the only ones to admit it.) I was grouchy, to say the least. However, with that grouchiness came a positive. For approximately 25 weeks (after I went public in the office), I reveled in the fact that the men completely left me alone. I got more work done those 25 weeks because our male dominated office at the time treated me like I had the plague. It wasn’t mean–it was for their own safety and self-preservation. I was spared the hour-long football story distractions and petty arguments that come along with practicing law with an office full of brilliant A-type personalities. My partners also took advantage of my ‘grouchiness.’ I was the one who was always picked to have the controversial phone calls with opposing counsel (also men). It was a great way for me to vent my irritation–and useful, too, because we were preparing for trial all that summer with a very difficult opposing counsel. Needless to say–I usually got my way, and my husband enjoyed the fact that I was a little nicer at home!”

“While I was pregnant, opposing counsel was pregnant, too. Under the state rule, the duration of a deposition is severely limited, and I ended up having to ask the Court for additional time because of the number of bathroom breaks that my opponent took. She opposed the motion, but I was granted the additional time.”

Continue Reading Diary of a pregnant lawyer: Second blogmester