I love it when I hear from young women I have met on my Best Friends at the Bar speaking trips. Recently, I received an e-mail from one of them, a law student at the University of Miami Law, who wanted to know how I felt about the issues covered in an article she had read on line. I had read the same article and had filed it away for a future blog. So, hearing from this young woman compelled me to pull it out and shine some light on it for you.
The article, “Lawyer on Maternity Leave Brings Baby to Court After Judge Refuses Trial Delay Request” appeared in the June 5, 2012 ABA Journal on-line edition. At first blush, the title could enrage young women readers, but, as always, you have to look behind the facts.
In this case, the judge denied the request for a continuance of the trial in a misdemeanor matter ostensibly because it was the fifth such request by the same attorney, and the judge had granted the four prior requests. The trial date had been set for 25 days, and the lawyer had waited until the last minute to file yet another request for continuance. The lawyer’s reason for the request was that she recently had given birth by cesarean section, and she did not want to leave her newborn baby to attend the scheduled trial. The facts show that the case was six—yes, you read that correctly—six years old. Additional facts show that, in denying the young woman attorney’s request, the judge’s told her that she should bring the baby to court with her.
My response to the law student was to say that, on the facts as I know them, I do not approve of the conduct of either the judge or the young woman attorney in this case. The judge, (really a Justice of the Peace in Texas) simply should have denied the request on the basis that he had granted multiple continuances in a case that had already gone on for six years. He did not have to make the comment about bringing the baby to court because that put the gender issue on his side of the ledger too. It is not really about the baby, and the young woman attorney predictably reacted negatively to the judge’s comment. It is about court calendars, court efficiency and what is in the best interest of the parties. It makes me think of that old adage, “Justice delayed is justice denied.”
However, having said that, let me say that I approve a whole lot more of the judge than I do of the woman attorney. This young woman waited until the last moment to file her request, and then she was confrontational and overly dramatic in response to the judge’s decision and his comment about bringing the baby to court—which she made clear on Facebook! In the end, she did bring the baby to court with her, and apparently the baby did just fine. There is more to how the case was ultimately resolved, and you can read those facts on the Austin American-Statesman.
None of this behavior helps women’s causes. I have had two babies by c-section, and I would never have used that as an excuse to continually attempt to delay a matter before the court. One request perhaps—depending on the circumstances—but certainly not at the last minute. That does not show respect for the court or for the client. I worked at my law firm office until the day before each of my babies was born, and I did not ask for any special treatment. I even showed up at construction sites in a hard hat when I was eight months pregnant. For me it was business as usual, and that is what it needs to be for you as well—unless there are major health complications, and that is another matter entirely. Getting pregnant is a choice in most cases, and it should be treated like one.
If women are going to be treated equally and be respected in our profession, they must learn to play the gender card only when it is appropriate. Certainly there are times when behavior is intentionally inappropriate and offensive to women and/or affects their professional opportunities, and that is when gender is an issue that should not be ignored. However, this young woman clearly did not understand the difference and made the judge’s reasonable decision all about her status as a woman. Some of the responses to the ABA Journal article by women were equally as offensive and inappropriate for the same reason—overplaying the gender issue. It is not about the pain involved in having a c- section or about the difficulties of being a new mother. It is all about professionalism and best practice.
So, what do you think? Was this appropriate behavior by the young woman lawyer?
Can you see yourself doing something like this—even as a trial tactic? What about the judge?
Let me know what you think.
