If you are an active courtroom practitioner attending court almost daily without the luxury of leave, you will know that the legal vacation is not an indulgence; it is an institutional necessity.

So after a grueling ten-month term, having poured everything into direct conduct of complex cases since October, a practitioner’s expectation of recess is both reasonable and essential.

To be compelled to appear in court during this period disrupts not only carefully laid plans including for local and international bar conferences and professional development, but also the fundamental need for psychological reset.

It is easy for non-practitioners to dismiss the annual recess as a needless pause, but those on the frontlines know that a fatigued bar and bench cannot effectively serve the ends of justice.

The age-old tradition, and the law setting this period aside, ensuring that statutory procedural time does not run, was designed precisely to preserve the health and integrity of the entire legal system.

While vacation courts remain vital for genuine emergencies, and virtual hearings have admirably expanded access for urgent matters, the core boundary of the recess must be respected.

Like it is done for vacation court judges, firms may arrange for Counsel to attend sessions and get a full break later, but Counsel with direct conduct of cases may not be expected to delegate.

This exhausting business requires a practitioner that is rested, sharp, and prepared to give their best when the courts fully resume.

(This article is in 4 parts. You may click the links below to continue reading.)

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