Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


New Supreme Court website (DJS)

A digital-age bird man for Alcatraz?  Tweeting oneself to jail. (DJS)

NYT: How privacy vanishes online (DJS)

Orin Kerr critiques the 11th Circuit on email and the Fourth Amendment (DJS)

Identification by your germs (DJS)

Interview of Professor William Stuntz (DJS)

Professor Eric Goldman on the proposed federal Anti-SLAPP Bill (DJS)

Important advice for new profs: DO NOT make jokes (online or otherwise) about killing your students. (kw)

FTC Report: ID theft is down but overall fraud is up (DJS)

Balkin on reconciliation vs. filibuster (DJS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Brett Bellmore on The Health Reform Battle: From Procedure to Policy

    • Patrick S. O'Donnell on The Health Reform Battle: From Procedure to Policy

    • Volker Lange on Boutique Medicine: Tax it, Don’t Ax It

    • waiting anon on Spring 2010: Is the Window Open? (re-re-bumped)

    • PublishingProf on Spring 2010: Is the Window Open? (re-re-bumped)

    • anon on Spring 2010: Is the Window Open? (re-re-bumped)

    • ParanoidProf on Spring 2010: Is the Window Open? (re-re-bumped)

    • PublishingProf on Spring 2010: Is the Window Open? (re-re-bumped)

    • articles editor on Spring 2010: Is the Window Open? (re-re-bumped)

    • waiting anon on Spring 2010: Is the Window Open? (re-re-bumped)

    • plentyofrejections on Spring 2010: Is the Window Open? (re-re-bumped)

    • PublishingProf on Spring 2010: Is the Window Open? (re-re-bumped)

    • plentyofrejections on Spring 2010: Is the Window Open? (re-re-bumped)

    • PublishingProf on Spring 2010: Is the Window Open? (re-re-bumped)

    • prof. on Spring 2010: Is the Window Open? (re-re-bumped)

  •  

    Site Meter

Sartorial Rules for Attorneys

posted by Deven Desai

american_fashions_1899_2Cultural norms matter. They can operate across a wide region or in a space as small as a courtroom. For example, Law.com has an article about judges sharing their views on attire in the courtroom. Apparently Judge Joan Lefkow began the discussion by saying that, as the article put it, she thought “some women attorneys should pay more attention to dressing appropriately for court.” Judge Lefkow noted that one woman appeared to have been “on her way home from the gym.” After that, several present shared more views on the topic. Judge Michael McCuskey, chief judge of the U.S. District Court for the Central District of Illinois commented on “skirts so short that there’s no way they can sit down and blouses so short there’s no way the judges wouldn’t look.” Another judge, Bankruptcy Judge Benjamin Goldgar, noted that he had trouble with women’s and men’s attire. For him it is matter of showing that you take the proceedings seriously, so provocative or wacky attire posed the same problem. Apparently some thought it was an age issue. One alleged culprit was the trend not to wear formal attire unless headed to court. And, as always, some suggested that law schools should pick up the task of educating attorneys about these social issues.

So where should people go to sort out these questions? Judge Lefkow suggested that women should go to Corporette, a “Fashion and Lifestyle Blog for Overachieving Chicks,” to seek advice on how to dress. Law schools could help but not in a direct one ought to do X way. The key seems to be taking a measure of one’s audience and its customs. So when at Quinn, Emanuel if I had shown up in formal attire at all times, I may have been seen as odd with little or few consequences, but I might have run the risk of seeming out of step with the firm’s view of the world which can have consequences. I know of one story where wearing suspenders was viewed as uppity. So not appreciating what a firm or court expects is not wise.

But what if one knows that one’s dress has an effect and uses it? Playing up attractiveness; hiding wealth by not driving the fancy car to work (yes, my car was chosen for that role); assuming and dressing for a persona of the professorial or polished or activist or whatever role one chooses is part of being on the stage that is the courtroom. As one friend noted, one could take a tactic and win over a jury at the expense of losing a little face with the judge. If so, one has served the client well.

In the end, although I don’t think that these details ought to control as dress is essentially a shallow metric for assessing worth and skill, I suggest that attorneys ought not be clueless about etiquette and sartorial matters. One can wear a sober tie or conservative suit (male or female) that is not expensive and that should suffice. Then again, despite the comment, the attorney Judge Lefkow mentioned won the case. Still, that seems more of a reflection on being a good judge and less a reflection of knowing that one ran a risk by not adhering to a set of customs (and note that I could believe that any attorney could have moments where life simply interfered with being in a suit for a court appearance, but I wonder whether that point was made with an apology to the court).

In short, the these odd yet slightly important questions may be handled, as in many cases, by learning the rules, mastering them, and then working them to your advantage.

Image: “Color lithograph print showing men posed wearing fall and winter business and theater fashions with overcoats and hats, against a backdrop of an interior view of the recently opened Library of Congress Thomas Jefferson Building. Supplement to “The Sartorial Art Journal.”

Source: Wikicommons

License: Public Domain

  May 21, 2009 at 2:24 pm  Tags: attire, courtoom  Posted in: Culture, Law Practice  Print This Post Print This Post   One Comment




Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Nate Oman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Robert Ahdieh
Lisa Fairfax
Michelle Harner
Sherrilyn Ifill
Angela Onwuachi-Willing
Tuan Samahon
Alfred Yen










Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Adam Benforado
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Kristin Johnson
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Adam Steinman
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress