As many attorneys intrinsically understand, there is an unwritten dress code that most lawyers adhere to when they appear in court. Although I am unclear about the dress code for women, most lawyers would agree that men should wear suits, ties, and dress shoes when they appear in court. Although American lawyers do not wear wigs or other similar accoutrements of the legal profession to court, dressing more formally to court makes it easier for court staff to identify lawyers and allows attorneys to convey their respect for the judicial process. Since the return to in-person appearances after the COVID-19 pandemic, it seems like an increasing number of lawyers appear in court in apparel that does not abide by this understood dress code.
Over the past several years, I have seen many men appear in court in suits without ties. While ties can sometimes be annoying, putting one on is relatively easy, so I am not sure why so many attorneys forgo wearing ties to court. One of the things that typically distinguishes business formal and business casual attire is a tie, so it seems like it would be a no-brainer that male attorneys would wear a tie to court.
Sure, there have been occasions when I appeared in court without wearing a tie or even without wearing a suit jacket. If I was just dropping off papers to a clerk’s office or a papers submissions part, it is possible that I would not wear a tie. Sometimes, you might get treated better if you do not look too much like an attorney. However, one time when I appeared in court in less formal attire, I had to see a judge to get a stipulation “so ordered” that I thought I would just be submitting, so lawyers should be wary since they may end up seeing a judge after all in more casual attire. Nevertheless, if male lawyers know that they will appear in front of judges, it usually makes sense to put on a tie since this signifies the solemnity of the occasion.
Recently, I have also seen lawyers wear sneakers to court instead of dress shoes. Usually, these sneakers look professional — black, brown, or some other muted color. However, it is clear that the footwear worn by these lawyers are not the typical dress shoes that usually accompany suits.
I completely understand why lawyers would want to wear sneakers instead of shoes. Sometimes, lawyers need to walk long distances to travel to court with public transportation, and it is more comfortable for such lawyers to wear sneakers in such instances rather than shoes. Other times, lawyers have a medical reason, and I once wore sneakers to court after I injured my foot. However, it is usually easy and affordable to pick up a decent pair of dress shoes, so sneakers might be inappropriate in most circumstances.
From my experience, the type of case and the type of court have a huge impact on the clothes worn by a lawyer to court. I have appeared in a number of compliance parts recently in which dozens, if not hundreds, of lawyers discuss discovery disputes in front of court staff, and lawyers dress down likely due to the low likelihood of speaking to a judge. I have also appeared in landlord-tenant courts frequently in the past year or two, and it seems that lawyers in such cases also dress down on occasion. However, I have never seen a lawyer dress down at appearances in any of the federal cases I work on, likely because federal courthouses are often much nicer than state courthouses, and the seriousness of the cases has an impact on the apparel decisions of attorneys.
I am not judging people who might not be able to adhere to informal dress codes due to economic limitations or mistakes, and of course, people can adhere to any dress code that comports with their gender identity. It just seems to me that many lawyers have loosened up their dress code when they appear in court now that the COVID-19 pandemic has passed, and I’d love to hear from readers of this column who witnessed lawyers dressing down in court. Ultimately, if there are no issues preventing a lawyer from dressing formally to court, this is usually the best approach, since this helps court staff identify lawyers, and dressing formally shows the respect and solemnity attorneys have for the judicial process.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at [email protected].