Professional Dress In The Courtroom

by Andrea Martin-Swaby, Assistant Director of Public Prosecutions, A paper

presented at the Bar Association Seminar, Hilton Rose Hall on the 22 November 2015.

Rules of etiquette and decorum facilitate the smooth and orderly functioning of a complex
society. Most rules of etiquette are designed to insure respect for authority and to maintain
dignity within a profession A balance must be met between allowing a business to maintain
its professional dignity and allowing an individual to express his or her own lifestyle.
Sandstorm v State 309 50 2ed 17( FLA App. 1975

Professionalism in the courtroom is based on many factors including: dress, conduct, attitude and
ones interaction with colleagues and clients. The manner of dress is of extreme importance as it
influences how we are perceived in the professional environment. Respect for the court requires
appropriate dress in all court proceedings. An attorney must not be dressed in a way that
diminishes the dignity or decorum of the courtroom.

History of Court Dress

Originally court dress was designed to distinguish members of the legal profession from other
members of society. The history of the barrister's robe goes back to medieval times, when lawyers
retained the tunic worn by men as a sign of learning. By the 1600s black had become the colour of
choice for members of the Inns of Court. The Judges Rules of 1635 of England of Wales was
published as a definitive guide to court dress for members of the judiciary. Although the rules only
addressed the appropriate attire for judges, barristers also commenced wearing black robes after
the rules were published.

In 1979 the Victorian Bar produced a book titled Professional Conduct, Practice and Etiquette: A
compilation of the Governing Rules and Structures, by Sir Gregory Gowans. Therein, a directive of
the Lord Chief Justice of England was quoted as follows,
The dress of barristers appearing in
court should be unobtrusive and compatible with the wearing of the robes. Suits and dresses
should be of dark colour. Dresses or blouses should be long sleeved and high to the neck.
Men should wear waistcoats. Shirts and blouses should be predominantly white or of other
neutral appearance. Collars should be white and shoes black round toed. No conspicuous
jewellery or ornaments should be worn.

Maintaining professional standards v Freedom of Expression

Contemporary society places much emphasis on ones freedom of expression and the recognition of
individual rights. However, standards of propriety differ amongst individuals and as such rules and
guidelines are necessary to achieve uniformity and order. The struggle between maintaining
dignity in a profession and permitting freedom in an individuals lifestyle is most pronounced in the
rules of decorum related to an attorney's dress and conduct in the courtroom. The Virginia Bar
Association Creed reads, As a professional, I should always ...speak or write courteously and
respectfully in all communications with a court or tribunal and show my respect by my attire
and demeanour.

There are cases in which the benchs disquiet concerning counsels attire and mode of dress has
formed the basis of litigation. In the matter of Israel B Khan v Sherman Mc Nicholls Civil Appeal No.
153 of 2006 delivered 12 January 2012 , a judgment of the Court of Appeal of Trinidad and Tobago,
the
issue surrounded counsel attending a Coroners Inquest dressed in a nehru suit. Counsel was
denied the right of audience on the basis of his attire and was informed that he had to change his
attire to the traditional shirt and tie to be heard during the proceedings. Counsel brought an action
for judicial review of the Magistrates decision. Leave was refused, and he appealed to the Court of
Appeal of Trinidad. The COA scrutinized the Legal Profession Act of Trinidad and Tobago and rule
40 of the Code of Ethics. Rule 40 reads;

An attorney-at-law appearing before the Court shall at all times be attired in such a manner

as prescribed or agreed by the proper authorities and as befits the dignity of the court.

In Trinidad there was no prescribed dress code for attorneys appearing in the Magistrates Court,
and as such, the general guidelines contained in the Legal Profession Act was the sole instrument
offering guidance on the subject. The Court of Appeal ruled in favour of Mr. Khan and pronounced
in paragraph 35 of the judgment, The answer to the question as to what attire befits the dignity
of the Court, requires a consideration of the contextual meaning of both dignity and Court.
Clearly, after 49 years of Independence and 35 years of being a Republic, Court must be a
Caribbean Trinidadian and Tobagonian Court - not an English Court. And, dignity in this
context must mean: of a state or quality that duly honours and respects the status of a
Trinidadian and Tobagonian Court.

The Court was of the view that the Nehru suit was considered sober attire befitting the dignity of the
court.

Dress for Attorneys - Other Caribbean Territories

Bahamas

In the Bahamas, the Chief Justice issued Practice Direction 2 of 2012 which outlined a new dress
code policy for attorneys in the Supreme Court. It reads,

1. Counsel appearing in the Supreme Court to wear wigs on ceremonial occasions,

2. For Open Court appearances, dark clothing with black barristers gown, wing collar with
bands for men and collarette and/ or bands for women,

3. Counsel to wear dark clothing for all applications in chambers

Barbados

In Barbados The Legal Profession Code of Ethics 1988 CAP 370 A Part 11 paragraph 16 addresses the
issue of dress for attorneys thus,

16.
(1) The dress of an attorney-at-law appearing in open Court should be unobtrusive and
compatible with the wearing of robes. (2) Suits and dresses should be of dark colour. Dresses
or blouses should be long sleeved and compatible with the wearing of bands and collarettes.
Shirts and blouses should be predominantly white or other emphatic appearance. Collars
should be white and shoes dark. (3) No conspicuous jewellery or ornaments should be worn.
(4) Attorneys should at all times, both in Court and when seeing clients, dress in a manner
appropriate to and compatible with the status of their profession.

Caribbean Court of Justice

The Caribbean Court of Justice rules of court address the issue of the appropriate mode of dress for
Attorneys appearing before the Court are expected to dress as
attorneys appearing as being,
they would to address the Supreme Court in their home state. Wigs however are not
required. For a case management conference attorneys are required to dress as they would
for chamber court or for a case management conference in their home state.

Dress Code for Attorneys Appearing as Advocates in the Court of Appeal and Supreme Court
of Judicature of Jamaica

The Legal Profession Act ( Canon of Professional Ethics) Rule V (r) An Attorney
,
state that
appearing before the Court shall at all times be attired in such manner as may be prescribed
or agreed by the proper Authorities and as may befit the dignity of the Court.

Further to this rule, on the 16 September, 1993, a document titled Dress Code for Attorneys-at-Law
was published by the Registrar of the Supreme Court of Judicature of Jamaica at the Chief Justices
request. Adherence to this code of dress is mandatory and failure to do so could result in the
attorney not being heard. It is the approved and acceptable dress for Attorneys appearing as
advocates in the Court of Appeal, Supreme Court and the Resident Magistrates Court.

Dress for Attorneys appearing as advocates in the Court of Appeal

Male Attorneys

1. Black gown over jacket or waistcoat with long sleeves of black or dark blue or dark grey
material.
2. A plain white shirt or white shirt and pin-stripes of black, dark blue or grey with white
ordinary collar and traditional white band.
3. Trousers of black, dark blue or grey.
4. Shoes or boots of black or dark shades but not sandals or slippers, socks must be worn.

Female Attorneys

A black gown over:

1. A jacket or waistcoat with long sleeves of black, or dark blue or dark grey material with a
skirt or tailored trousers of black or dark blue or dark grey material, and

a. A black shirt or blouse

b. A white shirt or blouse
c. A white shirt or blouse with pin- stripes of black, dark blue or grey;

All with collar and traditional white band.

2. A black dress, dark blue or dark grey dress with bibs and traditional band
3. Shoes of black or dark shade but not sandals or slippers.
4. Skirts and dresses must be of a length of not less than one inch above the knee.

General

1. All attorneys are required to have their jacket or waistcoat buttoned when addressing the
Court.
2. For Queens Counsel gowns should be the traditional silk gown.
3. For Junior Counsel, gown should be the traditional barristers stuff gown or traditional
solicitors gown.

Dress code for Attorneys appearing in the Resident Magistrates Court

Male Attorneys

1. Business or lounge suits.

2. Blazers and trousers of sober colours.
3. Shirt buttoned at the neck with tie of sober colour.
 4. Shoes and socks are to be worn, not including sandals or slippers.

Female Attorneys

1. Dress pant or skirt suit, or skirts and blouse with soberly cut neckline at the front and the
back. The skirt should end not higher than one inch above the knee.
2. Shoes, not including sandals or slippers

Professional standards of dress

Business Formal

When you dress in business formal attire, you are dressing to impress. Business formal is an
upgrade from your normal day- to- day professional outfits. Dressy evening events and award
ceremonies may call for business attire. For men, dark coloured suits over a dress shirt and a silk
tie. Dress shirts should be French cut style and cufflinks can be worn. Silk or linen pockets are also a
requirement for men. Dress shoes and matching dark pants complete the outfit. Formal business
attire for women is a suit with a skirt whilst wearing panty hose and closed toe pumps.

Business Professional

When you dress business professional, you are wearing generally conservative clothing to portray
yourself in a professional manner. The legal profession, like finance, accounting arguably requires
business professional dress on a daily basis. Women may wear a skirt or pants suit with heels, while
men may wear a blazer or suit jacket, button down shirt, suit pants, a tie and dress shoes.

Conclusion

It is important that ones attire befits the dignity of the legal profession. We live in an era where
individualism and self expression are encouraged. Individualism and self expression can thrive in
the midst of standards which encourage uniformity and professionalism. All members of the
profession are encouraged to strike the correct balance.

Andrea Martin- Swaby

Assistant Director of Public Prosecutions
October 19, 2015