Hearings can be all consuming. The preparation in the weeks before, the rush of confidence when you feel you know the report and the record, the apprehension of presenting yourself well, the anxiety of what feels like a series of trip hazards and trick questions.
Couple this with the hearing and the early morning pre meetings, the overindulgence in coffee, the frantic review of the papers finding that key item you recalled at 3:26am that morning.
Then the hearing itself, finding your way through the papers, navigating the hyperlinks in the electronic bundle, speaking clearly and intelligibly, slowing down to ensure your points are made but not that slow that you forget the point.
Arbitrations aren’t easy on any of the participants.
Avoiding breakfast and loading on caffeine can be a problem, by lunchtime you are bereft of carbs, and you feel the impulsion to eat heavier than you planned, you have to watch your intakes, yoghurt, water, green teas, salads, vegetables or whatever helps you get through without becoming docile after lunch. Definitely no pasta! (unless in a hearing in Italy).
All hearings have a level of hostility. It’s often created by the asking of questions, the potential for the introduction of new evidence, counsel has to be minded at all times.
In a matter, the esteemed counsel that I worked with had performed exceptionally for a series of days, although he had been a little heavy on the caffeine.
After a tense morning and a burger at lunch, counsel fell ill in the afternoon. He thought it was the burger disagreeing with him – there had been others disagreeing with him during the hearing!
As the afternoon session drew on, counsel became increasingly uncomfortable and asked for a moment or two. That soon escalated to an early finish that day.
In the evening, I was advised by my instructing attorney that we were not running the next day as counsel had been admitted to hospital with suspected heart problems.
Counsel made a full recovery with a clean bill of health. With the matter postponed allowing his recovery, Counsel, attorney and I enjoyed a light lunch 3 days later and the matter resumed at a future date.
The environment and the surrounding pressures cannot be considered lightly. It is important to decompress and relax at the appropriate times but important to establish routines that maintain your physical and mental well being.