Toward a Healthier Legal Profession: Revisiting Michigan’s Proposed Rule 8.128 on Attorney Leave Time
The legal profession is known for its high-pressure environment and unrelenting demands, often requiring attorneys to juggle intense caseloads while navigating their clients’ most sensitive legal challenges. Yet within this intensity, the profession has historically lacked a formal mechanism for ensuring that attorneys can take necessary personal time without jeopardizing their obligations to the courts or clients.
In 2019, the State Bar of Michigan (SBM) proposed a meaningful solution: the adoption of Rule 8.128 of the Michigan Court Rules, which would allow attorneys to designate up to three weeks of “secure leave” annually. Under this proposal, attorneys could provide courts and opposing counsel with advance written notice of their intended time off, and during this period, they would be exempt from court appearances, depositions, and other scheduled legal proceedings.
While this initiative received broad support—including a strong 88-21 vote from the SBM Representative Assembly—it was not ultimately published for public comment by the Michigan Supreme Court.
However, the momentum behind this idea has not faded.
A Revised Proposal for 2025
The Commission on Well-Being in the Law (CWBIL) has revisited the concept with a renewed and pragmatic focus. Recognizing the persistent wellness concerns facing attorneys—ranging from burnout to substance abuse and mental health strain—the CWBIL’s “Incentivizing Well-Being” Committee has drafted an updated version of Rule 8.128, slated for potential submission in 2025.
- Key updates in the revised proposal include:
- Leave Duration: A shift from “three weeks” to “twenty days” of secure leave annually, which offers greater flexibility for attorneys to structure time off.
- Preservation of Deadlines: The revised rule explicitly states that secured leave does not alter existing statutory or court-ordered deadlines, ensuring procedural integrity.
- Standardized Form: The proposal calls on the State Court Administrative Office to create a uniform form for attorneys to file leave notices, improving consistency and administrative ease.
- Shortened Notice Window: The required notice period would be reduced from 90 days to 60 days to reflect the practical realities of planning time off in an unpredictable legal landscape.
Why This Matters
The proposal is more than a scheduling tool—it’s a cultural shift toward recognizing attorneys as whole people with personal, emotional, and health-related needs. Research cited in the original 2019 letter highlights that recovery time is essential to mitigate depression, burnout, and substance abuse. In fact, the rule is modeled after a similar and successful system in North Carolina.
Solo practitioners, in particular, stand to benefit. Without the built-in support structures of larger firms, they face even greater difficulty arranging time away from practice. Rule 8.128 would help level the playing field and encourage sustainable practice models across firm sizes.
What’s Next?
The CWBIL committee is currently welcoming feedback through October 1, 2025, and is seeking engagement from stakeholders throughout Michigan’s legal community. If adopted, Rule 8.128 would represent a major step forward in institutionalizing attorney wellness and work-life balance within the court system.
Conclusion
The renewed proposal for Rule 8.128 reflects a thoughtful balance between personal well-being and the court’s need for efficiency. As Michigan continues to lead conversations on lawyer mental health and professionalism, this rule has the potential to set a national example of how courts can support the long-term vitality of those who serve within them.
If you’re part of the Michigan legal community, consider lending your voice to this conversation—it’s not just about time off. It’s about building a healthier, more resilient legal profession for the future.
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