July-August Bar Flyer 2012

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CONTINUED FROM PG. 3 RESPECT FOR THE CLIENT The paragraphs above tie together here. The client comes to us with his, her, or its conflict, and the client puts complete faith in us to present and argue their case to the best of our learned abilities. What an honor and privilege to do this kind of work! Quite humbling indeed; nonetheless, the client deserves the best representation possible, and this representation should not be compromised because of a poor fashion choice. BUT DOES YOUR APPEARANCE REALLY MATTER? The answer in some circumstances is “yes.” “Federal Judges Grouse about Lawyers’ Courtroom Attire,” a law.com article written by Lynne Marek, quotes federal judges as saying: • [Women come into court wearing] skirts so short that there’s no way they can sit down and blouses so short there’s no way the judges wouldn’t look; and • You don’t dress in court as if it’s Saturday night and you’re going out to a party. Dress as a serious person who takes the court seriously. The article also noted that “wacky ties” are inappropriate, and that one judge wishes he could tell certain lawyers that he would “re-

ally like to pay attention to your argument” instead of your clothing. While the Court should focus on the merits of the case and not the cloth of the lawyer, judges are human and at times fixate on things which probably should be ignored. A choice in clothing is just that: a choice. An individual’s choice, one which is within the complete control of the individual, and by respecting the profession, ourselves, and the client, it is a choice which can be made each morning in such a way so as to ensure that the entirety of our best case is heard and considered. Not only can your dress affect the Court’s opinion of you, it may also provide the Court with the means to levy a penalty. Michael Crowell of the UNC School of Government wrote “Inherent Authority of Judges” for the 2007 District Judges Conference. He researched the issue of courtroom attire and concluded that “[c]ase law from other jurisdictions holds that a court may impose minimum standards of dress and appearance on lawyers, but the standards should be reasonable and not based on the judge’s personal tastes, and the standards must be communicated clearly before any discipline may be imposed for failure to comply. The standards will change over time as society’s standards change.” We can avoid discipline in this area just by applying some common sense. To paraphrase the Boss, don’t let your glory courtroom days pass you by in the wink of a judge’s eye. Your client and the profession will thank you. WBF

Steps from the

Capitol and the Courthouse

230 Fayetteville Street 919.723.2300 northstatebank.com G A R N E R • R A L E I G H • WA K E F O R E S T • W I L M I N G TO N

WAKE BAR FLYER • JULY/AUGUST 2012

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