When the “Attorney Work Product” is a New Baby: The Case for Parental-Leave Continuance Rules

Authors

Michelle Browning Coughlin, Northern Kentucky University Salmon P. Chase College of Law

First Page

397

Abstract

Parental-Leave Continuance Rules (PLCRs) are gender-neutral procedural rules that provide specific frameworks to courts for granting requests for a continuance of a scheduled legal proceeding or deadline if a necessary counsel is unavailable because they or their parenting partner will be experiencing a birth, adoption, or foster placement of a child. Existing laws protecting parental leave in the United States are tied to employment; and since courts are not generally the employers of attorneys appearing before them, they are not obligated to honor an attorney’s parental leave when scheduling a trial or other legal proceeding. While continuances are granted in legal proceedings for numerous reasons, only a few jurisdictions have adopted continuance rules that specifically contemplate postponement of a proceeding for the purposes of parental leave of an attorney. Gender biases, including both the “Motherhood Penalty” and stigmatization of fathers acting as caregivers, are still prevalent in the legal profession, and these biases can have a powerful influence on decisions made about continuance requests for attorneys for caregiving purposes. Adoption and acceptance of PLCRs in all jurisdictions can improve continuity of representation for clients, reduce biases and advance gender equity in the legal profession, and improve attorney health and well-being, all of which are in the best interests of clients, attorneys, and the justice system in the United States. This Article reviews the current status of PLCRs and provides recommended uniform language for PLCRs. Finally, this Article urges adoption of PLCR statutes in all remaining state, federal, and tribal court systems, and sets out a strategic approach to achieve adoption, acceptance, and effective use of PLCRs.

Recommended Citation

Michelle B. Coughlin, When the “Attorney Work Product” is a New Baby: The Case for Parental-Leave Continuance Rules, 29 Lewis & Clark L. Rev. 397 (2025).
Available at: https://lawcommons.lclark.edu/lclr/vol29/iss3/2