Any attorneys out there? Need suggestions.
IBackBevo
member
So I am 6.5 weeks today. I do commercial litigation and am due in September. I'm trying my best to keep my trial docket clear for Sept and October. So far, so good. But today I receive an email from one of my fellow defense counsel (it is multi-party litigation) in one of my biggest cases that the lovely plaintiffs have cancelled yet another mediation and, therefore, we need to consider trying to get a trial continuance until fall. Currently, the case is set for May. This case has been ongoing for 4-5 years. Additionally, I have been lead counsel on the matter for the past 2.5 years...really, no one else has worked on it for that period of time. I don't feel like there is anyone else I can turn the reigns over to on this case that would be able to competently try it while I was out on maternity leave. And I certainly don't want to be having to return the week after a baby to try a jury trial...or try a jury trial at 9 months pregnant!!!
Here is my immediate problem - I have not told my boss that I am pregnant and don't plan to tell him until I have made it to the second trimester. I certainly don't want to tell this other counsel (or any of the other half a dozen defense counsel on this case) that I am pregnant and the reason why I don't want this continuance until the fall. Even though I live in a major city, too many attorneys talk and it could get back to my boss very easily. Thus, I am really hung up on what to do. I feel like if I just say, "I won't agree to the continuance if the trial falls between Sept.-Nov." without giving an explanation that I am just going to get out voted. And with only 1 party of many oppposing the continuance, even if I vigorously oppose it, I still think the judge is likely to grant the motion knowing this judge.
Ugh. I truly don't know what to do. Any suggestions are appreciated!!!
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014
May 2014 January Siggy Challenge:
Re: Any attorneys out there? Need suggestions.
Under these circumstances I'd consider telling, even though it's early and you clearly don't want to. Judges are very aware of how difficult it is to schedule a trial and yet do a decent job of working calendars out. Harris County, assuming that's your venue, is always packed (right now I've got three pretty unrealistic trial settings down there and I know we'll be moving for continuances), But, in my 8 years of practice I've never seen a Judge not continue a trial due to lead counsel's pregnancy. Even in a large multi-party litigation. If you don't fight the continuance, or fight with no explanation and then lose, and the client then decides you're the only person to try this case (the most likely scenario IMO) then you'll have to move for a second (or third/fourth) continuance on grounds. That would be a worse scenario than just being upfront. Just my 2 cents, YMMV.
Yes, I am in Harris County. I think you are probably right. I was wanting to wait to announce to the world (and, mainly, my boss) but I think I'm probably going to have to come clean. Even if my boss was willing to take over the case and try it while I was on maternity leave, at this point it would be very time consuming (and expensive for the client) for him to review all of the production, pleadings, expert reports, deposition transcripts, and so on. I guess the best policy in this situation is probably just to tell everyone why I don't want the continuance.
Thanks for the advice.
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014
May 2014 January Siggy Challenge:
Sorry though, I empathize. It sucks a lot to be "forced" to come out. But I've had to do it this pregnancy even earlier than the "early" reveal I'd planned not because of my litigation calendar but because of my travel restrictions and the liklihood that this will not be a 40 week pregnancy for me. I wish you the best of luck.
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014
May 2014 January Siggy Challenge: