Give a blank sheet of paper to a 10-year-old, and ask them to draw a picture of a lawyer. Most likely, you’re looking at an adult in a navy-blue tailored suit consisting of a jacket and either a skirt or pants, with dark shoes.

This is the default lawyer uniform for a jury trial. Though the general popularity of suits has declined, a blue suit remains the basic uniform of our profession, communicating who we are and what we do.

Many professions have a uniform or a dress code; you wouldn’t accept a drink from a stranger on an airplane, but a flight attendant’s uniform tells you that it’s safe to do so. And a person in street clothes would be ejected if they were just hanging out in the middle of the infield during a baseball game, even if they were in fact a player or an umpire.

It’s the same for the legal profession, but we don’t have to be boring; you can be yourself without taking the focus away from your arguments. Consider the fact that judges have to wear robes—some local rules even require it—but even judges can add a personal touch, like former Chief Justice William Rehnquist’s stripes or former Justice Ruth Bader Ginsburg’s collars.

Just to be clear

At the outset, it is impossible to discuss this topic without acknowledging the biases and stereotypes that have historically been a part of dress codes. We have described the default “uniform” for courtrooms in the U.S. generally, but let us be clear: It is unacceptable for dress codes to be ever negatively applied to anyone’s culture, race, religion, gender, age or body size or type.

And we cannot discuss this topic without acknowledging that dress codes can be—and, at times, have been—misused to promote harm or discrimination. Dress codes can be complicated and unspoken, and we hope to make them a bit simpler by offering a general description of the default expectations that will help all attorneys to dress for success while also not promoting bias.

Photo by USA Network.

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Lawyer fashion evolves to reflect personality and tradition

Culture definitely plays a role in courtroom norms: Within parts of the British Commonwealth, silk gowns and horsehair wigs are still the norm for barristers. And in 2009, newly appointed U.S. Solicitor General Elena Kagan broke with the tradition of appearing in a morning suit before the Supreme Court, and the justices, whose ranks she eventually joined, did not press the issue. As a result, the solicitor general’s office changed its policy, making morning suits optional for its female attorneys.

Some courts have formal published written dress codes online, and those dress codes have evolved over time, as well. For example, many federal court websites list requirements that attorneys, parties and corporate representatives wear standard business attire consisting of a suit or a tailored dress. Some are more specific than others, regulating shoe heel height or skirt length or proscribing “flashy” designs or colors. But in a break from the past, women are no longer required to wear hosiery or forbidden to wear pants.

When you are wearing a professional uniform, people respond as much to the uniform as they do to the person, so your attire should convey and command respect for the courtroom. Kagan is an example of wearing a version of the courtroom uniform while also working toward the evolution of the uniform.

The goal is not to conform but for your clothing to work for you and your client and not against you. If you’re not sure what this should look like where you practice, you can read the room—literally. Go to a courthouse, and decide who you want to emulate—and who you don’t.

When choosing what to wear, the first step is looking at the size is on the tag; err on the side of going up a size, rather than wearing something too tight, and don’t hesitate to utilize a tailor. Your first suit will be a big purchase, and you can make it go a long way by switching out what you wear with it. You can also mix affordable pieces with more expensive pieces.

In general, federal court is strict about attire, where state court depends on the city and locally accepted attire. You should expect judges in rural counties to be a bit more traditional than those in urban counties, unless you observe otherwise.

Which brings us to the second step, finding and befriending your local tailor. Ensure you are measured, so your attire fits your body type and not whoever the manufacturer used as muses. A jacket that looks too big can be transformed by bringing in the sleeves a bit. This comes in handy with thrifted suits and pants. A $30 vintage suit plus $50 alterations equals a “W” in the win column.

Pro tip: If possible, purchase a second identical skirt or pair of trousers because those can be laundered a lot more often than the jacket, making the suit last twice as long. According to some sources, most garments are worn 30 times or fewer, but a good suit can last for years. A different shirt can make a suit look completely different. Mixing and matching tops and pants/skirts can turn three or four suits into seven.

Read “Legal Attire and the Clash of the Generations, Part 2: Office and work-from-home attire” here.

Not just for lawyers

Clients and witnesses have a dress code, as well. For most people, the courtroom is one of the most formal environments that they will encounter. Clients and witnesses are also expected to dress up for court, although the rules are a bit more relaxed for them than they are for the lawyers. For most witnesses, khakis and a collared shirt or similar clothing at that level of formality are appropriate. And if the witness has a work uniform, that is ideal, unless the rules of the particular court specify otherwise.

When in doubt, check with the court to see whether there are specific rules. Some courts or public defenders’ offices will publish courtroom dress codes for the public, but these are typically there to make people aware that shorts, flip-flops and the like are not proper courtroom attire.

Conclusion

Pat Riley, the legendary longtime coach of the Los Angeles Lakers who was known for his courtside Armani suits, famously said an audience wants to see a leader who looks, dresses and acts like a leader. Studies have also shown that wearing formal clothing that denotes your profession actually makes you think and act more like a leader.

While there is a dress code for court, it is evolving, and it allows for individuality. Why does it matter what we wear? It matters because of what we do. You can be yourself, but your attire should match the seriousness of the proceedings and should not be a distraction. The goal is to look crisp, classic, like a boss. Would you wear it to a job interview? If so, it’s probably good to wear to court.

Bobbi Reilly Sheahan is the director of motion practice and briefing in the Dallas office of Angel Reyes & Associates. Henry Williams IV is an attorney in the Dallas office of Burke Bogdanowicz. The authors thank Ameen Bebahani and Alex Ivanov for their critique and thoughtful input.

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