Female Attorney at Center of Uproar Over Continuances For Pregnant Lawyers Supports Proposed Rule
"In an ideal world, you wouldn't think that these things would be a problem," said Christen E. Luikart of Murphy Anderson and panelist at this year's Florida Association for Women Lawyers summit. Luikart made the news over her exchanges with opposing counsel, Paul T. Reid of Shook, Hardy & Bacon in Miami, which caused uproar among female attorneys and led to Reid's swift suspension from the firm.
September 04, 2018 at 12:42 PM
5 minute read
Christen E. Luikart of Murphy Anderson in Jacksonville wants to see “more light shed” on the issue of parental leave within the legal profession.
“My situation isn't unique,” said Luikart, who's set to be a panelist for the 2018 Florida Association for Women Lawyers summit, running from Oct. 11-13 at One Ocean Resort & Spa in Atlantic Beach.
Luikart's request for a trial stay was opposed by Miami lawyer Paul T. Reid of Shook, Hardy & Bacon in a move that caused an uproar among female attorneys and led to his swift suspension by the firm.
This occurred just as the Florida Supreme Court was weighing a proposed parental leave rule, which, if implemented, will create a presumption that judges will grant timely requests from lead counsel for three-month parental-leave continuances — unless the delay would significantly thwart a case.
Related story: Female Attorneys Fuming After Miami Lawyer Opposed a Pregnant Lead Attorney's Request for Continuance
Palm Beach Circuit Judge Cymonie Rowe ultimately granted Luikart's request, pushing the trial back to January.
At the FAWL summit, Luikart is set to discuss the proposed parental leave rule along with fellow panelists Lindsay Tygart of Coker Law in Jacksonville and Amber Donley of the Donley Law Firm in Orange Park.
“I think it needs to be passed,” Luikart said. “I understand why there would be opposition if it was an absolute rule, but it's more of a presumption, and if there's a special circumstance that can still be addressed by the court.”
Click here to read the proposed parental leave rule
Luikart, “in an abundance of caution,” chose not to discuss her recent trial stay while litigation is still pending, but this isn't her first pregnancy.
“I ran into, not identical, but very similar circumstances during my first pregnancy where I was lead trial counsel on a case,” Luikart said.
Similarly, Luikart had taken all the depositions and was set for trial around the time her baby was due, so she moved to continue.
“We happened to be in a case management conference, and it came up. Opposing counsel objected and said someone else could step in and just try it,” Luikart said.
Then the judge weighed in.
“The judge was very polite about it and not rude, but he asked me in front of everyone how my body was handling pregnancy and what the doctors had been telling me. He told me that he wasn't inclined to move it, but if I had a health issue come up I could just call chambers and then it would be readdressed,” Luikart said.
The trial was in Orlando, and Luikart is based in Jacksonville.
“I literally was having dreams that my water was going to break in the middle of trial, and my law partner and I were going to have my baby together and I wasn't going to be with my husband,” Luikart said.
About a week later, the judicial assistant contacted Luikart to let her know there was a Jewish holiday that week, so the court was moving the trial date. The case ultimately settled.
Luikart, who's due on Oct. 21, plans to work “up until the moment” she gives birth.
“I still don't know when that will be, because I had my daughter prematurely, so I'm told to be on the lookout between now and when I'm due,” Luikart said.
In addition to her controversial Palm Beach continuance, Luikart asked to delay a trial in Jacksonville but ”had no problem doing that.”
Related story: Shook Hardy Suspends Attorney Caught up in Row Over Continuance for Pregnant Lawyer
“In an ideal world, you wouldn't think that these things would be a problem,” Luikart said.
Luikart said she's never had an issue with Jacksonville attorneys during her pregnancies, but after the Daily Business Review published an article July 24 describing her Palm Beach case, she became privy to an array of anecdotes from the legal community.
“I've had an outpouring of people reach out to me to share their own stories, and it's been enlightening. I had several men reach out to me, too, and talk to me about issues they've had with their wives being pregnant, or just in general, and offering support, which was really nice. It wasn't unique to women,” Luikart said.
In Luikart's mind, it's ”always beneficial to hear it from the horse's mouth,” so she encourages managing parters in particular to go to the FAWL summit and “just listen.”
“It would be very beneficial to (managing partners), I think, to actually hear the stories of women in the profession,” Luikart said. ”It seems like sometimes when they consider passing a rule like this, they're kind of in a vacuum making that decision without talking to women that have been through it — especially women who litigate.”
Related stories:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHistoric Flooding, Power Outages and Debris From Hurricane Milton Forced Tampa Law Firms to Go Remote
3 minute readSullivan & Cromwell Dismissed as Defendant in Lawsuit from FTX Investors
Eleventh Circuit Rules for Moms for Liberty in Free Speech Case Against School Board
4 minute readEmployee's Alleged Action Lands Marriott in Court for Defamation, Negligence
Trending Stories
Who Got The Work
Dechert partners Andrew J. Levander, Angela M. Liu and Neil A. Steiner have stepped in to defend Arbor Realty Trust and certain executives in a pending securities class action. The complaint, filed July 31 in New York Eastern District Court by Levi & Korsinsky, contends that the defendants concealed a 'toxic' mobile home portfolio, vastly overstated collateral in regards to the company's loans and failed to disclose an investigation of the company by the FBI. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-05347, Martin v. Arbor Realty Trust, Inc. et al.
Who Got The Work
Arthur G. Jakoby, Ryan Feeney and Maxim M.L. Nowak from Herrick Feinstein have stepped in to defend Charles Dilluvio and Seacor Capital in a pending securities lawsuit. The complaint, filed Sept. 30 in New York Southern District Court by the Securities and Exchange Commission, accuses the defendants of using consulting agreements, attorney opinion letters and other mechanisms to skirt regulations limiting stock sales by affiliate companies and allowing the defendants to unlawfully profit from sales of Enzolytics stock. The case, assigned to U.S. District Judge Andrew L. Carter Jr., is 1:24-cv-07362, Securities and Exchange Commission v. Zhabilov et al.
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250