Keeping up appearances part 4
We have concentrated in the last 3 QC blogs on the appearance of clients. However the appearance of lawyers is perhaps something else that needs to be touched upon.
The court clothing in terms of the wig and gown outfits themselves had been touched upon but not the standard barrister outfit beneath. That has changed over the years. When robed, junior male barristers normally wear a three-piece or double-breasted suit. (This is because the wing collar and bands replace the tie, not traditionally worn by women: women barristers usually wear a white garment around the neck and covering the top part of the chest which gives them rather more flexibility as regards general attire). Silks change their jacket (to put on one of the special QC jackets below the gown) so there is no real issue about the type of suit they wear.
Whilst things are relatively relaxed these days, it was not always the case. A barrister, who we shall refer to as Mr Z, was appearing in front of the notoriously irascible Judge X, within the last 20 or so years. The two men had something of a history, and did not get on. This was a criminal case, and Mr Z was appearing for prosecution. Beneath his robe he wore a double-breasted two-piece suit, buttoned up quite high on the chest. He started to open the case, and was interrupted by the Judge. " Mr Z, I can't hear you.". Undaunted, Mr Z. spoke the same words again but this time in a rather louder tone." Mr Z, I can't hear you.", the Judge repeated, adding "You are improperly dressed which is why I can't hear you. You are not wearing a three-piece suit.".
Mr Z said that if the Judge wouldn't hear him, he was going straight to the Presiding Judge for a ruling. (Each Circuit will have a Presiding Judge who is basically in charge of legal affairs). The barristers went before him to ascertain his view. "It's about my suit. " Mr Z. commenced. The Presiding Judge was not quite sure what he was being asked. "It seems a perfectly good suit to me.", he responded, presumably not considering that this was some sort of fashion show but not quite seeing what the point was. The story was revealed to him. He ruled that a double-breasted suit was perfectly acceptable. Therefore, willing or not, the Judge was ordered to listen to the case, however pained he was at the idea of having prosecuting counsel not wearing a three-piece suit.
Many years ago I appeared in front of a Judge who was going to hear a civil case. This Judge normally did criminal work. He wanted a little more time to read the papers and so called us in on the first morning to suggest that he should take the first day as a reading day and start actually hearing the case on the following day. Unfortunately that morning I had cut myself shaving and although I had dabbed away the blood, the cut had obviously reopened and trickled blood on my bands (which you wear instead of a tie around the wing collar). Since the judge had asked us to come into his Chambers (the private rooms just off the court room) we were sitting quite close to him. I had provided a careful and detailed written argument. He had nothing to say about that (although to be fair if you wanted a reading day perhaps he hadn't read it). All he had to say to me was "Make sure that you appear with clean bands tomorrow". A sartorial elegance failure is hardly the most promising start.