Here, the record does not provide sufficient evidence to rebut this prima facie finding. On the date of the hearing, plaintiffs counsel appeared before the arbitration panel. She made a brief opening statement and submitted a copy of the unverified complaint along with the attached exhibits to the arbitrators. The chairperson of the arbitrators then offered plaintiffs counsel the opportunity to contact any witnesses. Plaintiffs counsel did not call any witnesses, nor did she request a continuance.
Plaintiffs concede that their counsel's performance before the panel was ineffective.
Plaintiffs' counsel had several options. For example, she could have requested a continuance to allow witnesses to appear. She could also have examined the defendant, who was present, regarding the notes. Plaintiffs counsel, however, did nothing and rested her case solely on the complaint. Plaintiffs did not present evidence to provide the arbitrators with the basis for an award.