The Debate Over Lawyers’ Attire in Courtrooms: Ties and Togas vs. Casual Wear

In nations where hearings are recorded and publicly accessible, a curious debate has been observed between judges who observe lawyers who attend these proceedings without a tie or even without a jacket. Some say that this is a lack of respect for the court and the others respond that this is not an obligation of any kind, the important thing being the adversarial debate. A lawyer could also observe judges who do the same thing and respond that what is important is the reasonable judicial decision. You, of course, may have your own opinion on the matter, as I have mine, but one thing is obvious: what is the limit of this matter? Because the thing will soon cease to be the tie and the jacket, becoming whether one can go to a hearing wearing the shirt of one’s favorite club.

In several of these cases, a level of animosity between the judge and the lawyer is evident, causing the latter to ask the former to excuse himself for not feeling that his case will be resolved impartially. Nor will it be necessary for someone to provoke that incident, precisely for that reason. And all because of the clothing.

However, there are countries in which this debate cannot take place: everyone is dressed. In our country the use of the toga is observed in the judges of the National Court of Justice. At some point it was used by prosecutors, who stopped doing so because its use was not widespread among participants, making it seem like a rarity. At an academic level it has been implemented, increasingly, in certain Law faculties, both for certain acts and for taking degree exams.

The toga is a type of tunic that, being identical in cut, has some distinctive features regarding the position occupied by the wearer, that is, whether he is a judge or a defense attorney. In countries like ours, some may see it as an anachronism or as a kind of desire for superiority. The truth is that it is an essential element to equalize the participants in the diligence, completely nullifying the debates regarding the clothing of the participants. In this way, the lawyer who wears a designer suit is just as equal to the one who wears one from the neighborhood tailor. Likewise, those who want to wear jeans and a t-shirt or simply do not want to wear a tie will not have any problems.