*/
‘patient’ [noun]: a person receiving or registered to receive medical treatment
Patient, of course, is also an adjective and a characteristic (let’s face it) not shared by many members of the self-employed Bar. Certainly not by me.
The idea for this article came to me one night at 2am, as I lay in bed unable to sleep. For context, but not sympathy, I was given two months’ notice of a major operation for which the recuperation time is two to three months. I am recuperating very well and no further treatment is necessary.
Clearly, I was fortunate in that my medical treatment was planned and this gave me time to organise myself. I made sure my tax, VAT etc were up to date and I tied up as many loose ends as possible in relation to my professional obligations (more on that later). I also billed everything to cushion the blow. This is obviously not always possible but, if you have some time, use it wisely.
If you are a pupil supervisor, thought will need to be given as to whether your pupil needs to be reallocated to a colleague.
You will also need to think about not just who will care for you but who will care for anyone you care for, whether they be children, partners, elderly relatives or pets. Even a small animal jumping on you with delight as you come back through the front door on discharge may be very painful and set your recuperation back. My dog looked rather surprised to be on a lead inside but it worked like a dream.
Ultimately, how you manage the communication of your sick leave is a matter for each individual. However, given the world in which we work, where everyone from listings officer to judge, solicitor and opponent will need to be informed, it may be useful to have a think about the minimum information you will need to provide. This would probably need to indicate recuperation time, whether any further treatment is likely to be necessary and whether you will be able to work remotely.
I would also suggest that all of your ‘out of office’ emails provide guidance as to whom the sender should contact for urgent matters while you are ‘out of action’.
Speaking personally, I have found everyone, save for one solicitor, to have been absolutely brilliant. I received a number of very kind messages from lay clients as well as from colleagues and solicitors. I have also been extremely fortunate in that my clerks have been great. Even in a highly contentious matter, my opponents agreed to relist for my availability to enable me to deal with the case prior to the operation.
I do very much appreciate that this is not always the case. Being more senior no doubt assists. A very diligent colleague told me how the Court of Appeal continued chasing her to lodge documents despite having received her out of office response indicating she was still in hospital. She was, in fact, seriously ill and in intensive care; there was no real urgency in the matter.
While the Bar loves to give advice, it can be very poor at taking advice. We spend our professional lives telling others what the spectrum of likely outcomes will be – whether telling Ms Smith that she will receive a sentence between four and six years, explaining to Mrs Patel that on divorce she will receive 45% to 50% of the assets or advising Mr Brown that his personal injury settlement will be between £70,000 and £100,000. But when it comes to ourselves, we are sure that we must be the outlier, the snow leopard patient who will defy all medical expectations. We often seem incapable of accepting that we fall into the likely spectrum of recuperation outcomes identified by another highly qualified professional.
Instead, the Bar tends to apply its own working formula of 1/B to whatever recuperation time has been proffered by another expert. B is generated from a series of factors including:
Inevitably 1/B always produces an outcome of less than one, thereby resulting in a reduced recuperation period for any member of the self-employed Bar. I know a KC who managed to ensure that his recuperation time was just one-tenth of the time advised.
Frankly, this is unwise as I have tried it myself a while ago. It involved a small procedure with no overnight stay but did include a general anaesthetic. I was advised to take the day off afterwards but I had decided I would be fine to conduct a hearing the next day. I therefore fully prepared for the hearing beforehand, printing everything out and leaving my papers neatly in my room for collection on the day of the hearing. When I went into chambers to pick up my papers, I found myself unable to walk up to my room on the second floor to collect the bundle due to the after-effects of the anaesthetic. The case had to be returned.
It is also worth asking yourself whether, if you are taking strong medication which is accompanied by warnings about not driving or operating heavy machinery, you are really in a fit state to be advising or conducting a hearing.
The reality is that is any date for return is always going to be impossible to predict. How best to manage this with clerks and solicitors will be a personal decision, therefore. I am going for a staggered return.
Having been recommended a recuperation period of six to eight weeks, I reluctantly accepted that advice. I have written a clear email to my clerks stating that for six weeks post-op, my diary must be completely cleared with no exceptions. I have been very clear that this means no online conferences, no advices and no CVP hearings – as well as anything that involves me leaving my home.
From six to 12 weeks post-op, I have said that I hope I will be able to do remote conferences, paperwork and short CVP hearings but all solicitors need to understand that I cannot actually commit to this. If they require commitment now then I cannot accept the work. I have also been clear that I cannot accept any work which involves an in-person hearing or conference.
Remember that post-COVID-19, in most jurisdictions, there is a need to make a formal application to the court for any party or any lawyer to attend remotely. It is important to make sure that your solicitor knows this and makes that application in time. The application may need to be supported by documentation, a GP’s sick note, for example.
Sarah Lucy Cooper is a specialist international family law barrister called in 1993 who practises from Thomas More Chambers. She is a family Recorder, mediator and family arbitrator. She is a Latinophile with a love of Latin American music, literature and art, as well as dogs, yoga and marmalade making.
‘patient’ [noun]: a person receiving or registered to receive medical treatment
Patient, of course, is also an adjective and a characteristic (let’s face it) not shared by many members of the self-employed Bar. Certainly not by me.
The idea for this article came to me one night at 2am, as I lay in bed unable to sleep. For context, but not sympathy, I was given two months’ notice of a major operation for which the recuperation time is two to three months. I am recuperating very well and no further treatment is necessary.
Clearly, I was fortunate in that my medical treatment was planned and this gave me time to organise myself. I made sure my tax, VAT etc were up to date and I tied up as many loose ends as possible in relation to my professional obligations (more on that later). I also billed everything to cushion the blow. This is obviously not always possible but, if you have some time, use it wisely.
If you are a pupil supervisor, thought will need to be given as to whether your pupil needs to be reallocated to a colleague.
You will also need to think about not just who will care for you but who will care for anyone you care for, whether they be children, partners, elderly relatives or pets. Even a small animal jumping on you with delight as you come back through the front door on discharge may be very painful and set your recuperation back. My dog looked rather surprised to be on a lead inside but it worked like a dream.
Ultimately, how you manage the communication of your sick leave is a matter for each individual. However, given the world in which we work, where everyone from listings officer to judge, solicitor and opponent will need to be informed, it may be useful to have a think about the minimum information you will need to provide. This would probably need to indicate recuperation time, whether any further treatment is likely to be necessary and whether you will be able to work remotely.
I would also suggest that all of your ‘out of office’ emails provide guidance as to whom the sender should contact for urgent matters while you are ‘out of action’.
Speaking personally, I have found everyone, save for one solicitor, to have been absolutely brilliant. I received a number of very kind messages from lay clients as well as from colleagues and solicitors. I have also been extremely fortunate in that my clerks have been great. Even in a highly contentious matter, my opponents agreed to relist for my availability to enable me to deal with the case prior to the operation.
I do very much appreciate that this is not always the case. Being more senior no doubt assists. A very diligent colleague told me how the Court of Appeal continued chasing her to lodge documents despite having received her out of office response indicating she was still in hospital. She was, in fact, seriously ill and in intensive care; there was no real urgency in the matter.
While the Bar loves to give advice, it can be very poor at taking advice. We spend our professional lives telling others what the spectrum of likely outcomes will be – whether telling Ms Smith that she will receive a sentence between four and six years, explaining to Mrs Patel that on divorce she will receive 45% to 50% of the assets or advising Mr Brown that his personal injury settlement will be between £70,000 and £100,000. But when it comes to ourselves, we are sure that we must be the outlier, the snow leopard patient who will defy all medical expectations. We often seem incapable of accepting that we fall into the likely spectrum of recuperation outcomes identified by another highly qualified professional.
Instead, the Bar tends to apply its own working formula of 1/B to whatever recuperation time has been proffered by another expert. B is generated from a series of factors including:
Inevitably 1/B always produces an outcome of less than one, thereby resulting in a reduced recuperation period for any member of the self-employed Bar. I know a KC who managed to ensure that his recuperation time was just one-tenth of the time advised.
Frankly, this is unwise as I have tried it myself a while ago. It involved a small procedure with no overnight stay but did include a general anaesthetic. I was advised to take the day off afterwards but I had decided I would be fine to conduct a hearing the next day. I therefore fully prepared for the hearing beforehand, printing everything out and leaving my papers neatly in my room for collection on the day of the hearing. When I went into chambers to pick up my papers, I found myself unable to walk up to my room on the second floor to collect the bundle due to the after-effects of the anaesthetic. The case had to be returned.
It is also worth asking yourself whether, if you are taking strong medication which is accompanied by warnings about not driving or operating heavy machinery, you are really in a fit state to be advising or conducting a hearing.
The reality is that is any date for return is always going to be impossible to predict. How best to manage this with clerks and solicitors will be a personal decision, therefore. I am going for a staggered return.
Having been recommended a recuperation period of six to eight weeks, I reluctantly accepted that advice. I have written a clear email to my clerks stating that for six weeks post-op, my diary must be completely cleared with no exceptions. I have been very clear that this means no online conferences, no advices and no CVP hearings – as well as anything that involves me leaving my home.
From six to 12 weeks post-op, I have said that I hope I will be able to do remote conferences, paperwork and short CVP hearings but all solicitors need to understand that I cannot actually commit to this. If they require commitment now then I cannot accept the work. I have also been clear that I cannot accept any work which involves an in-person hearing or conference.
Remember that post-COVID-19, in most jurisdictions, there is a need to make a formal application to the court for any party or any lawyer to attend remotely. It is important to make sure that your solicitor knows this and makes that application in time. The application may need to be supported by documentation, a GP’s sick note, for example.
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