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For Court, Always Dress The Part

Or risk being judged on your appearance, rather than the merits of your case.

By Christine A. Rodriguez  
on

litigatorIndividuality is not always welcome in a courtroom setting, especially when it comes to mode of dress and fashion. In almost any litigation setting, when a courtroom appearance is necessary, it is best for both the attorneys and the clients to dress the part or risk being judged on their appearance rather than the merits of their case.

This is most apparent in state criminal court where I often practice in New York. The young man who comes to his court appearance dressed in a pressed shirt and nice suit is always treated better by court personnel, court officers and even the judge. The one who shows up with his pants held up mid-thigh by a belt and his underwear on full display gets far less courtesy. Here in New York, defendants who are in custody unable to make bail before trial must be allowed to wear their own clothing to hearings and trials, rather than the jumpsuits issued to them by the local jail. In fact, the New York City Council Speaker recently introduced and is pushing a bill that would require the New York City Department of Correction to allow inmates to wear their own clothes to all court appearances, because, she asserts, they appear guilty when they come to court in their jail jumpsuits. The idea is one of fairness. Defendants out on bail are free to dress the part and look like any other innocent citizen, thus reducing the chance that they will be pre-judged as a perp by the public, which includes potential jurors for a future trial.

Most criminal defense attorneys know that their client’s appearance is a factor in how they will be perceived in a court setting by judge and jury. That is why many public defenders’ offices keep a stash of court-appropriate clothing for clients who may not have the means to dress for their court appearances or are produced by the local jail in a jumpsuit for a hearing or trial. I advise all of my clients to come to every court appearance dressed like it is an important and serious event so that they can show the court that they understand the gravity of the situation and that they are taking it seriously. It also gives me just a bit more leverage to use on my client’s behalf. It is much easier to convince a court to give a client a break when she looks like she is ready to go to work and be a productive member of society rather than be out all night clubbing.

How a person appears for court is also a factor in non-criminal court settings for both client and attorney. My colleagues and I have sat in federal district court on many occasions watching conferences and oral arguments made by groups of stiffly pressed suits versus a disheveled attorney in a wrinkled suit who is clearly not a regular player. The wrinkled suit almost never stands a chance with the judge. If he looked the part, however, he might have had a chance to get the judge to listen for long enough to get his point across. If you wear the right uniform, you start on a level playing field and then all anyone pays attention to is your skill, not the color of your tie or the fuchsia socks peeking out from your too-short slacks.

I recently had a client appear for a conference in federal court dressed in a beautiful short grey sweater dress with gorgeous black thigh-high boots and a short fur jacket. There was absolutely nothing wrong with her attire, nor was it too revealing in any way, and she looked fabulous. But, that fabulous was good for a night on the town, not for a conference in a sexual harassment case.  First let me say that no one should ever be judged for their choice of attire, particularly victims of sexual harassment or assault. However, in litigation, attorneys must be keenly aware of anything that they can do to give their clients the advantage. Appearance is an easy, albeit sometimes unfair, way to do that. So, I gently but honestly let my client know that for future appearances, slightly more conservative professional wear would be better, lest she be judged unfairly for her gorgeous clothing rather than have her case decided on the facts. Though I have no way to know if I was right about this, the judge seemed less than convinced on the merits of my client’s case that day.

While in the end how a person is dressed may not make a difference to the outcome of a case, the reality is that courts are staffed and juries are made up of humans, and we often are shallow and judgmental. I vividly recall what a juror said to me after my very first trial. She complemented my skill in the courtroom, commented on how she knew it was likely one of my first cases since I looked so young, and then said, “But honey, your hair is so beautiful but you really should cut it.” A few other jurors also commented on my appearance. My appearance should not have mattered at all, but unfortunately, it often does. The only way to mitigate that is to be the person with the best uniform on so that everyone knows you mean business. Though I won that case, it was a compromise verdict, and who knows if I might not have gotten a better result had the jury not been preoccupied with the young-looking prosecutor with the really long hair.

The last thing any attorney wants in a courtroom is a jury who is more concerned with the length of her skirt or the wrinkles in his shirt than what they are advocating for their client. That said, there is no substitute for excellent, zealous and prepared advocacy, no matter what you are wearing, so always just be the best attorney in the courtroom even if you are wearing fuchsia socks.

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Christine A RodriguezChristine A. Rodriguez is of counsel to the firm Balestriere Fariello and successfully represents individuals and small businesses in all manner of employment discrimination, civil rights, criminal defense, civil litigation and commercial litigation matters. She also advises small businesses on all aspects of legal matters from contract to employee issues. You can reach her by email at christine.a.rodriguez@balestrierefariello.com.

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