The best of health part 2

When I was a very junior barrister there was a more senior figure who had broken his leg. He organised for a driver, and then would sweep into court room on crutches, gown flowing behind. Instead of letting it put him off his advocacy, he even managed to use the crutches as props for dramatic flourishes during cross-examination and speeches to the jury. Perhaps in much the same way as one celebrated barrister who only had one arm effectively used it as a dramatic advocacy tool. This individual (sometimes affectionately referred to as "the one armed bandit", since this was around the time when amusement arcade gambling machines were known as such) was a senior junior who often appeared against silks leading a junior in consequence he had a favourite phrase that he would use to beguile the jury when he would say that "as you will see I'm having to do this case single handed".

I know of a barrister who was the junior in a case of some importance, who had not only sickness to contend with during the trial, but certain alarming concerns that went with it, because at the time he was passing blood. Instead of dropping out of the case, he merely absented himself for a couple of days to have the requisite tests and then, having been assured that he did not have a terminal condition, went back to work on the case.

You will also find that sometimes you feel stupid at the prospect of failing to appear or holding the court up in any way at all. I once had an accident whilst trying to repair a window when, as I instinctively tried to catch a piece of glass that was falling, (alright then, which I dropped) I sliced my hand open on the broken jagged edge which was still in the window (I should obviously stay away from glass). This led to a severed tendon and an inability to use the left hand for months. The wound itself was very deep and severe. When originally attending at the hospital, I had to be transferred to another more specialist hospital which was able to deal with the injury. This was on a Sunday, and they could not operate upon me until the following day. They said that I was unlikely to be operated on before the afternoon, so I asked them if it were possible for me to appear in court in the morning. They met this request with some bemusement. The consultant said that if it started to bleed again I might be worried and faint. I told them I was not squeamish, so was no chance of that. However when they said not only might it get infected, but if it left me leaving faint I might not have a clear grasp of what I was saying, then I realised that there was nothing for it other than not to appear. (Best interests of the client always paramount) My junior read out and developed the written opening we had prepared, and the judge waited for me to come out of surgery before we started with the witnesses.

Similarly I once "slipped" a disc the day before starting a trial. I went to see a Bowen therapist who gave me some treatment (despite it being a Sunday) to ensure that although in considerable pain and with restricted movement, I at least had some scope for movement and could commence the trial. I suspect that in most occupations you would probably have had a fortnight off.

Ultimately it is a question of commitment. Your client needs you. Doing cases is what the Bar is all about. It is why you are there. That is precisely the time when you need to give it your all. Most barristers go to the Bar, at least in part, because they want to make a difference. It is hard to make a difference if you don't even turn up. That ultimately, is what drives people on.