ABA YLD

By:  Jay Forester

At its latest meeting in November, the TYLA board voted to support an ABA resolution titled: “Promoting Full and Equal Opportunity and Participation in the Legal Profession and the Justice System through the Adoption of the Parental Leave Rule,” which provides that 

A motion for continuance based on parental leave of the lead attorney in the case shall be granted if made within a reasonable time after learning the basis for the continuance unless substantial prejudice to the opposing party is shown. Three months shall be the presumptive length of a continuance granted for parental leave absent good cause for a longer time. If the court denies the requested continuance, the court shall state on the record the specific grounds for denial. If the motion for continuance is challenged by an opposing party proffering a basis for a claim of substantial prejudice, the attorney seeking the continuance shall have the burden of demonstrating the lack of substantial prejudice to the opposing party.

This language and resolution is the work of more than one year’s work by various ABA committees and was proposed in an effort to address what has been perceived as a lack of sensitivity among some judges to the occasional need for attorneys involved in litigation matters to seek continuances of proceedings in light of “parental leave” type events in their lives. The Parental Leave Resolution has been selected for presentation to the ABA YLD Assembly at the Midyear Meeting in Vancouver, BC on February 3.

Remember, all licensed Texas lawyers 36 years old or younger or in their first five years of practice, regardless of age, are automatically members of TYLA. Importantly, TYLA & the ABA aim to be accessible to every member, including you! We thank you for your support and service to your community and profession. Note, ABA local affiliate reports are submitted by your ABA rep each quarter and we’d love to highlight the great work you and your local bar affiliates are doing. For any questions, comments or to submit your reports, please contact:

Victor Flores, District 25 (South/Central Texas)

Jay Forester, District 26 (North/West Texas)

Jay Forester is a wage and class action lawyer based in Dallas at Forester Haynie PLLC. He is the TYLA/ABA YLD District 26 representative, representing North and West Texas. He can be reached by email at jforester.law@gmail.com.