Maintaining your Selfcare During Trial

Trials are stressful. The mantra that “you have to look after yourself” is often told to us while we work long hours worrying over trial preparation. While we are told that a lot, it is not necessarily advice we are very good at following.

As barristers and solicitors practicing in criminal law we often find ourselves dealing with challenging situations. Clients, complainants and witnesses often present with mental health difficulties, social disadvantage, impairments and other vulnerabilities. Layer onto those difficulties the unpleasant subject matter we find ourselves dealing with, whether it be sexual violence, domestic and family violence, homicide or offences against children. This is before you factor in the usual chaos of last-minute issues that usually attach to trials, late instructions, witness issues, court requests or disclosure issues. In addition to those issues criminal law practitioners often deal with a variety of ethical issues that arise during the course of a trial. 

It is entirely natural to be nervous and/or stressed about running a criminal trial. Even the most organised or experienced advocate cannot prepare for everything. From a rogue juror, an uncooperative witness or an unhelpful client, trials involve people and they do not follow scripts. It does not matter which side of the bar table you are sitting at, whether it is a two-day trial or a two-month trial, they can take a toll on your wellbeing, both physically and psychologically.  

That stress will never entirely go away. Stress may be an important driver to some, it may even enhance your performance. Inevitably,  stress can become counterproductive – causing rumination and anxiety without any corresponding progress of or advantage to your case. So, what are some of the things you can do, or try to, during a trial to maintain your wellbeing.  

1. Your client or complainant’s predicament is not yours
   It can be easy to find yourself completely immersed in the case you are working on. The contents of it come home with you, both literally and metaphorically. You need to maintain your sense of self. The crimes alleged against your client, or committed against your complainant, fortunately are not happening to you.  You have an important job to do in advocating their interests, or those of the community. They are heavy obligations that rest on your shoulders, but only in so far as your obligation to do your job thoroughly.  You can not control the outcome. With all your best work, ultimately your case or client’s fate is in the hands of the jury.
2. Time management and preparation
   That leads into the need to manage your time and prepare your brief properly.  Keeping a well organised diary and forward planning are critical in this regard.  This simple step can tamp down the anxiety that builds in anticipation of the trial. Even the most voluminous briefs can be broken into bite pieces.
3. If you have a routine, to the extent you can, try to maintain it
   If it’s exercising – exercise. If it’s a hobby you indulge in – do it. If you usually walk early in the morning before work, do not skip it. There is nothing more important than maintaining those matters that are important to your health, whether it be physically or mentally, including while you are in a trial.  Do not change your eating or drinking habits. Each of these things are easier said than done, and it’s easy to give yourself the excuse of ‘just while I’m in trial’ but we all know that disruption of a routine always makes things feel worse. The time you spend on those routines is never going to be fatal to your preparation for the next day of trial. It can always be made up, in fact the time away from trial tasks, often leads to greater efficiency when you take up the tasks again.
4. Have a ‘day off’
   It is not feasible to work all the time. Take a day off each weekend, or at least the morning.  It is important to maintain some distance between yourself and your work.  One of the biggest complaints is a lack of work / life balance but we each take some responsibility for achieving it ourselves. When you get in the trial and another lawyer asks: ‘How are you?’, we respond ‘busy’. Its almost like a badge of honour, a stereotype that the busier we are the more successful or important we must be.  Rest is an important part of maintaining your own wellbeing.
5. Talk to your colleagues
   One of our greatest supports is talking to each other. The bond between our community is our greatest strength. The ability to debrief on a lunch break or after court each day is invaluable. It helps remove little doubts that have arisen about your conduct and get some perspective that can sometimes be lost when you are invested in a trial. Frankly, they might just have some ideas that you have not thought of yourself, or alternatively it can just be cathartic to vent some of your frustrations.

The cumulative trauma and stress you experience in your role can lead to a lack of patience, including with those who instruct you and assist you in chambers. As justifiable as you may perceive your frustration to be, there can be no excuse for incivility or bullying in our workplace, whether that is in Chambers or the courtroom. The pressure on an advocate during a trial is significant but it can not become an excuse to speak poorly to others. It is unprofessional and has an impact on others, who are already experiencing their own levels of stress. 

If you are aware of any of your colleagues struggling, support them. There is a perception that to ask for help is a weakness. As a group we have a duty to help dispel that perception. The strength of the criminal law fraternity is the support and empathy we share with one another. Know that there is always someone you can talk to and advocate to your peers the benefit of looking after themselves.    

Further to the above, the Chief Justice has presented the two attached speeches on this subject matter, providing invaluable insight from her experience as a practitioner and from the bench. 

Mental Health and Wellbeing within the legal profession

Acknowledging and dealing with the cumulative trauma and stress of your role as Prosecutors