Is There a Dress Code for Attorneys in a US Court of Law?

As a law student, the subject of a dress code in a court of law is probably not something that has crossed your mind. The complexities of the law are enough to occupy every waking moment of your life without worrying about what you will be expected to wear to court once you have passed your bar exam. However, this is something that you really should give some weight to when preparing for a career as an attorney in the United States.

Unlike so many countries around the world, there is no written dress code in most courts, but there is, in many cases, an implied dress code simply because of the respect our justice system demands of everyone who enters a courtroom. This is where the laws of the land are upheld, the laws that govern how we behave within that code of law. As such, judges and attorneys alike should dress with dignity and decorum. But what exactly does that mean?

For a Bit of Fun, Let’s Start with Women Attorneys

Everything from the way the Constitution was largely based on English common law to the way in which judges dressed in those ‘dresses’ with white curly wigs had a huge influence on our legal system and dress code, some of which is still followed to this day. The ladies, however, wore large multilayer dresses with wide hoops that eventually narrowed over time before being done away with. Could you see yourself dressed in a hooped, floor-length gown entering a court of law and trying to sit demurely in narrow benches?

At least the ladies back then weren’t barristers, so there was that, but if that had carried over to this day? Think about how uncomfortable you would be as a female attorney! Thankfully, most courts have an unwritten code that you dress in casual business attire for the lower courts like that found in the Max Mara line of designer clothing and formal business attire for the higher courts. Ladies can now wear pant suits that are actually featured in the Max Mara line because they are tasteful and dignified.

The Unwritten Dress Code for Contemporary Men Attorneys

Although in the lower courts there is nothing in writing that says men must wear suits and ties in court, it is actually up to the judge presiding in court who has the final say on what is acceptable attire for male attorneys. With that said, there was a case in Florida where an attorney decided to flaunt his own style in a court, when the judge ordered him to change into a suit and tie in recess, after which he came back as he was. The judge held him in contempt of court and upon his appeal, it was ruled that although there is no written dress code, the judge has the authority in his court to set acceptable dress.

The case was Sandstorm v. State, and the year was 1976. Since that time when he lost his appeal, other attorneys have tried bucking the system, only to fail as well. Where Sandstrom went wrong was his obvious contempt of the authority of a judge, which should be held in the highest esteem. When he appeared in court sans a necktie and was ordered to wear one, he came back after recess without a tie. The next time in court he wore a western style drawstring tie and was ordered out again, but once again, came back without a proper necktie. He obviously disrespected the judge openly, giving the judge the grounds to hold him in contempt.

We Cannot Afford to Disrespect the Law of the Land

The one thing that holds the fabric of society together is the Constitution, the framework of every law we abide by. To disrespect the Constitution and the laws of the land could quickly lead to anarchy and that’s something that is hard to control once it begins gathering steam. You might well think that refusing to abide by an unwritten dress code is a trifling thing but, in fact, it’s actually about respect for our laws and the people in charge of upholding them, our judges.

With that in mind, although you can’t wear hats, or tight-fitting, revealing clothing in court, you do have a great deal of leeway on what you can wear. Yes, you can follow current trends as long as they meet with what is acceptable casual or formal business attire. You cannot wear shorts or blouses that show your midriff, but a pants or skirt suit is quite acceptable, as long as the pants aren’t skin-tight leggings, for example.

As a student of the law, it is your obligation to respect the laws and the court system that upholds those laws. We have a system of checks in place where you can legally dispute those laws, but not by disrespecting the man or lady holding that gavel, sitting on the bench. With such an array of stylish clothing to choose from, why would you wear anything else? It makes no sense.