What Should Trial Lawyers Wear for Trial?
There is an article today in the “Maryland Daily Record” titled, “Beware of Bow Ties and Diamonds in Court.” I liked the title. But I disagree with the premise. The article by Paul Mark Sandler, a prolific Maryland lawyer and author, is somewhat more nuanced than the title suggests. But he does suggest that lawyers should be cautious in wearing bow ties or jewelry, writing that trial lawyers should be “conservative in a way that is compatible for what is comfortable” for them. He also writes of the concern of wearing expensive clothing or cuff links on the theory that “expensive looking jewelry can create a gulf that interferes with having the jury ‘identify’ with the lawyer.”
This is the conventional wisdom. But as I have written in the past on the Maryland Injury Lawyer Blog, I completely disagree with it. I think what really “creates a gulf’ between a trial lawyer and a jury is when the lawyer is not authentic. My style is very conservative. I would feel uncomfortable with a diamond stud earring in my ear. But some lawyers in conservative suits look like your cousin who puts on that same conservative suit for every wedding, and he looks like he wants to crawl out of it. Your cousin does not look or feel authentic, which is why he looks so pained, as would some lawyers putting on the same suit. Now, some people can fake stepping outside themselves so well that they appear authentic. But I can’t and neither can most people.
I suspect that Gerry Spence would not be Gerry Spence if he followed this advice. My suggestion as to how to dress and act at trial is simple advice to follow: be authentic and be yourself.
I agree. I tend to wear more conservative stuff - the type of suits David Ball might frown upon, but it works for me because, well, it's me as I am in court. At work, I'm very casual, but in trial I wear a dark, very conservative suit. I think if I tried to dress down for court it would be obvious I was trying to dress down. I'm reminded of the Andy Griffith episode when Andy gets Ernest T Bass to wear a suit and look spiffy for a local socialite's party. In the end, Ernest showsh his true colors by picking up the girl he likes and generally acting the fool. But, he was being himself.....and he gets the girl!
Keep it conservative and authentic, but never wear anything that can't be bought in the county where the case is tried. In a rural or small town venue, consider a $50 blazer from Wal-Mart or a "marryin' and buryin'" blue suit.
Ken and Will, thank you both for your comments.
I don't remember that Andy Griffith episode but I think the analogy is fantastic.
I agree. Trial lawyers are at their best where they are perceived as genuine. Developing an individual style and presentation is more important than what the attorney's particular style may be. - Jermaine Fanfair