What Not to Wear (As a Female Advocate in Front of a Jury)

    Whether we like it or not, physical appearance is a major consideration in the work of a successful trial lawyer. Research has shown that we automatically assign to good-looking individuals favorable traits, like talent, kindness, honesty, and intelligence. Robert B. Cialdini, Influence: Science and Practice 148 (4th ed. 2001). Empirical research confirms that physical attractiveness is a benefit across all life experiences from politics, to education, to the workplace, to the courtroom. See, e.g., id. at 148-50 (citing empirical research studies); Michael J. Saks and Reid Hastie, Social Psychology in Court 156-60 (1978). The savvy litigator will understand these considerations and choose her clothing, jewelry, shoes, and hairstyle accordingly. But what happens when the general advice of "dress conservatively, simply, and inconspicuously" contradicts the essence of a particular advocate's persona, thus damaging her credibility? In her article Beyond a Reasonable Doubt: One Size Does Not Fit All When it Comes to Courtroom Attire for Women, Maureen Howard addresses this difficult question. 

    At the outset of trial, jurors, like judges, opposing counsel, and all other human beings, form quick and lasting impressions of lawyers based on very limited information. See id. To maximize appeal to and reception by a jury, lawyers must seriously evaluate and manipulate their physical appearance, even though expending time and energy on something so superficial may seem to be a poor use of time as trial approaches. See id. Because of factors such as their delayed entry to the workforce, issues surrounding female sexuality in the workplace, and gender bias and stereotypes, superficial issues like choice of dress and jewelry play out with more complexity for female advocates. 

    Traditional trial advocacy wisdom maintains that a lawyer's credibility, integrity, sincerity, and trustworthiness are her most valuable assets with the judge and the jury. See Howard, Gonzaga Law Review, Vol. 45, No. 1, pp. 209-24 at 215. Howard warns that an advocate must be authentic, or at least appear authentic, or jurors will view her as insincere, untrustworthy, and unbelievable. She logically concludes that for a lawyer to be comfortable and confident, and thus appear credible and competent, the lawyer needs to be herself. See id. When a lawyer feels uncomfortably foreign or false wearing conventional trial clothing, her credibility will be undermined to the same extent as her confidence. See id. 

Howard goes on to argue that just as jurors want to do what’s “right” and not decide cases based on “technicalities,” they will better trust the lawyer whom they believe is telling the truth—not a marketable version of the truth. Id. at 16. A lawyer who maintains her integrity in her dress and demeanor and is consistently genuine— consistently herself—is more likely to be perceived as credible and trustworthy. See id. Thankfully, a female advocate's clothing, hair, jewelry, and shoes do not have to be bland or manly. They need only be consistent with the essence of the trial lawyer’s persona, or they will ring false and be off-putting to the jury.