Podcast - Getting Dressed for Court
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about the importance of one's appearance while in the courtroom. He especially emphasizes that the wrong clothing can be distracting to the jury and that style choices should strike a balance between being authentic and being professional. He also mentions that it is equally important for clients and client witnesses to wear clothing that is appropriate for the venue.
Listen to more episodes of The Trial Lawyer's Handbook here.
Mr. Small is also the author of the new American Bar Association (ABA) book Lessons Learned from a Life on Trial: Landmark Cases from a Veteran Litigator and what They Can Teach Trial Lawyers.
Dan Small: Let us now dive into dangerous waters: fashion. Trying a case involves standing up in front of 12 total strangers and attempting to persuade them to do something. Those strangers are making judgments every day and every minute of every day. Not just about the case, but also about you. Most fundamentally, whether you are someone they should listen to and respect. Although it may be irrational and unfair, those judgments may be based, at least in some part, on what you wear. Because of that, your wardrobe should be respectful and moderately conservative in all respects.
This may not be what you want to hear. I know that we live in a very casual society, and I know you probably don't like other people, particularly me, telling you what to wear. I get it. And anyone who knows me can tell you I'm no fashion expert. But you should recognize that what you, and your client and your witnesses, choose to wear has consequences in the courtroom. Whether you like it or not, people often associate certain types of clothing with undesirable qualities, including dishonesty, eccentricity and egocentricity. Your job is difficult enough without adding all that to the mix. And even if 11 of the 12 jurors don't care, you care because you still need the vote of the one who does.
The wrong clothing can also be distracting. You want the jury to focus on what you and the witnesses are saying, not wondering where on earth you got that awful suit or how you were able to walk in those high heels. Worse, it can distance you from the jury and from the people you're trying to persuade. You're trying to make a connection to the jury, not to emphasize how different you are. To put it bluntly, your responsibility is to obtain the best possible outcome for your client, not to show off your unique style. So play it safe. Remember, you're not there to impress them. You're there to persuade them.
Again, your choice of dress should be moderately conservative across the board. Clothing, hair, jewelry, makeup, everything. That doesn't mean you can't wear nice clothes or even expensive clothes. In the words of the great Coco Chanel, "Dress shabbily and they remember the dress. Dress impeccably, and they remember the woman.” But your choices should always tend toward the conservative. For men, that's pretty easy. Wear a business suit with a normal cut, with shirts and ties in standard business colors and fabrics. Leave the double breasted padded suit, the dark purple shirt and the wild tie in the closet. You can wear them at the victory party. For women, this is an immensely complicated subject. The reality is that juries pay more attention to what women wear than what men wear. It ain't fair. It ain't right. But it's reality. Remember that you want to look professional, not overdressed, not dowdy and not like you're on your way to a cocktail party. Try to dress appropriately for the area. Clothing that might be appropriate in state court in West Texas might provoke a very different reaction in federal court in Boston.
This advice applies to some degree to clients and witnesses as well, although the dynamic is a little different. Some clients, particularly indigent criminal defendants, may not own any clothing that could be characterized as appropriate for the courtroom. Your options may be limited. Still, as a general rule, if your client is charged with being, say, a drug kingpin, it's preferable if they don't look the part. Another issue is that clients and witnesses may feel uncomfortable in clothing they're not used to wearing, and that may make them more nervous and less credible. Within reasonable bounds, people should wear what feels natural to them. A lifelong construction worker should not dig out the ill-fitting three piece suit that he last wore at his wedding 20 years ago. But maybe a tank top isn't quite right either. At a minimum, clients and witnesses should wear clothing that does not convey a disrespectful or a casual attitude to the court and to the jury.
Fairly or not, everything about you will be observed, evaluated and judged to some degree. You can't control how tall you are or how deep your voice is, or any of your other immutable and wonderful personal characteristics. But you can control what you wear. Don't let your wardrobe interfere with the message you are there to convey and the goal you are there to reach.