What Should You Wear to Trial?
While Hollywood and television have done a lot of work in educating the public about the basic processes and motifs of trial, it can still be an intimidating experience for people, even lawyers, who are unaccustomed to it. Indeed, even in the UK, where witness preparation is seen as a close cousin to perjury, it is usually considered acceptable to show the witness the courtroom in advance so that they don’t have a panic attack when they’re asked to testify at a hearing.
One thing that witnesses and new attorneys sometimes ask – and often should ask even if they do not – is how precisely to dress for a trial. It’s not a trivial question. Dress codes in the United States have collapsed precipitously over the last several decades. There was a time not so long ago when a law firm where suits and ties were not required was considered “casual” in its attire. In New York City, mandatory jackets for men in restaurants used to be common enough that it was necessary to check in advance should you book a Saturday night dinner at an unfamiliar spot. There are vestiges of these attitudes in places – last I checked there aren’t a lot of jean shorts at the opera – but even those of us with preferred tailors have to acknowledge that the culture has changed.
Whether this is a good thing or not is beyond the scope of this article. [1] But the fact that there isn’t a de-facto dress code for most of professional life has implications for those of us who operate in one of the few remaining areas where formal dress is actually required. I claim no special fashion expertise and you could certainly disagree with my conclusions. But if you’re looking for a formula to follow that won’t land you in trouble, you’re in the right place.
So, what should you wear to trial? It depends on who you are.
Let’s start easy. If you are a male [2] attorney practicing in the Northeast, you should wear a suit and tie. Ideally that suit should be navy or dark grey and your shirt should be white. The color and pattern of your tie can vary, but whatever it is, the words “novelty,” “whimsy,” or “fun” should not come to anyone’s mind when they see it. Black or brown dress shoes are normal, but there are enough attorneys with mobility issues that you will see sneakers as well.
Can you vary from this? Wear a brown suit, a striped shirt, or a tie that makes you feel clever? You certainly could. Most judges are not going to say anything so long as you are technically in a suit and tie and it doesn’t resemble a costume of some sort. But should you? Maybe not. I clerked for a judge who felt that any shirt color other than white – even powder blue or a subtle check or stripe – was inappropriate for court. He was a kind, deeply principled man and he’d never yell at someone or rule against them based on how they were dressed. To be honest, I don’t think I ever heard him raise a voice to anyone, apart from the time a lawyer argued to him that tax evasion was a “victimless crime.” But it’s hard to imagine that you’d have maximum credibility in front of him if you showed up looking like someone who didn’t understand the intended formality of the proceeding.
And he’s certainly not the only one. I’ve heard of judges in Delaware who – perhaps a touch less kind than my former judge – who outright criticized practitioners who showed up for argument in a blue shirt. And you can assume that for every judge who says something there are probably others who feel similarly but will not.
But what about the jury? Won’t you connect better with them if you look less formal? It’s not a crazy thing to think, but there is reason to be skeptical. Remember that the jurors are themselves thrust into an intimidating and formal environment – there’s literally a person in a robe sitting on a throne at the far corner of the room. What they knew about the process they’ve learned from watching TV shows were extremely attractive actors in perfectly tailored suits are cast in your role. The jury expects formality in your appearance. If you offer them something else it could help you, but it could just as easily undermine your credibility when you don’t live up to their mental image of a sharply dressed trial lawyer.
What about accessories like watches, jewelry, pocket squares and the like? Again, you can get away with a lot, but apart from a wedding band and whatever watch you wear daily, you should probably leave it at home. Trials can be dull, and jurors are told not to discuss the case prior to deliberations. If you wear anything that can be characterized as “interesting,” there’s a good chance that it becomes the topic of discussion amongst the jurors, who are starved of anything else to discuss.
What about female attorneys? You will sometimes hear it said that women have more “options” when it comes to formal dress, but this is generally code for “you can be criticized for anything that you do.” There are people alive who still believe that pantsuits are not formal enough for court or that blazers make women appear too “aggressive” and not “feminine” enough. But they’re becoming rarer by the day and it’s not clear that folks with such opinions would really be satisfied with anything that a female attorney wears. When in doubt, you’re better off dressing like a killer and then acting the part than “softening” your image for folks uncomfortable with women who have opinions.
In the Northeast, suits in navy, grey, or black are the norm, generally paired with a lighter colored shirt or blouse. Both skirts and pantsuits are common, but it pays to consider the ambient temperature, as courtrooms can be very warm or very cold and this doesn’t always track with the season – a trial in July held in a courthouse air conditioned to a point where pudgy men in wool suits will be comfortable can be downright freezing. Indeed, I’ve often observed jurors show up to the first day of trial clad in t-shirts and shorts, only to arrive on day three decked out in sweaters and hoodies, even blankets, as they sit for hours in a cold room.
What about witnesses? It is neither expected nor required that every witness dress as formally as an attorney, and you want to ensure that a witness is comfortable in what they’re wearing. If they’ve never worn a tie in their life, generally trial is not the day to start. But it is also important that any witness be viewed as credible and respectful to the court.
The rule that I generally suggest is the “just barely invited to the wedding” line. If the witness were invited to a wedding, but didn’t know the bride or groom well – imagine it’s the child of a close friend or maybe a distant cousin with an expansive invite list – how would the witness dress? For some people this would be a suit and tie. For others it would be slacks and a sport coat or a dress shirt and khakis. The point is to be at 85% - 90% of the most formal that the witness dresses, but not 120% If the witness is wearing something that they’d never – not even for a special occasion – consider wearing in their normal life, they’ve crossed the line.
And if somehow, you’ve stumbled across this article trying to figure out what to wear to jury duty tomorrow, the answer is very straightforward. Wear whatever you want, dress as casually or as formally as you like, but dress in layers and bring a book. The courthouse may be warm or freezing, but the one thing that you can count on is that you’ll be asked to do nothing for long stretches of time during which you may not have ready access to your phone.
And if it’s the middle of testimony and you need to use the bathroom, just raise your hand and say so. It may feel awkward, but everyone in the courtroom would prefer that you be able to pay attention, and some of the rest of us may be eager for a break ourselves.
[1] Folks who long for a time where sartorial standards were “higher” would do well to remember that there were a lot of folks walking around in wrinkled, ill-fitting, suits of dubious quality. “Look good” has never been, and probably never could be, part of any dress code of general application.
[2] Dress clothing is typically gendered. I could not possibly care which one you pick.
