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The Legal

MARISSA J. MORAN, ESQ. - New York City College of Technology, CUNY American Association for Paralegal Education

pristine white lab of the medical professional is similar in concept to the items of associated with members of the professorial rank, such as , loafers, and corduroy complete with padding on the elbows. “Suiting Up” for the legal professional is donning a legal of armor; the expected, respected, and arguably required clothing items worn when protecting and defending All the rights of clients who entrust attorneys with their lives and/or livelihoods, personal, financial, and other matters so the attorneys may engage in legal battle on the clients’ behalf. Brenda Swauger, who has worked with icons The Psychology of Clothing: the Experts such as COACH, Paul Stuart, and Louis Vuitton, is often Weigh In consulted to “advise both attorneys and their clients on Rise: how to for any situation.”4 While we may dismiss The courtroom environment is one that commands these fashionistas as biased or non-neutral experts respect, and so it follows that certain attire is expected with perhaps an exaggerated belief in the effects of of those who temporarily occupy its space. To better clothing, non-fashion experts also concur. For example, appreciate the impact clothing has not only on the Noble Prize-winning author Isaac Bashevis Singer wearer of the clothing, but also on those who observe acknowledged the transformative nature of clothing them, we need only turn to our “fashion experts.” when he noted, “What a strange power there is in While there is no one common universal language clothing.”5 In the play Hamlet, William Shakespeare that all people speak, clothing seems to be a language wrote “apparel oft proclaims the man.”6 Philosopher capable of communicating to everyone. Well-renowned Ernest Shurtleff Holmes’ claim that “Life is a mirror designer Miuccia Bianchi Prada realized and will reflect back to the thinker what he thinks into Suiting Up when Showing Up the universality of clothing it,”7 may be expanded to include: “Clothing is a mirror and explains, that reflects back to the wearer the image the wearer for the Practice of Law in the COVID-19 projects to others.” What you wear is how you present Academic scholars have also weighed in. Enclothed Virtual Legal Environment yourself to the world, especially today, Cognition is a term coined by Hajo Adam and Adam D. when human contacts are so quick. Galinsky, two cognitive psychologists at Northwestern University. Galinsky asserts “It has long been known Fashion is instant language.”2 that clothing affects how other people perceive us, as The age-old advice of “No matter how like it could be the start of yet another joke. well as how we think about ourselves.”8 In their study, Instead, it is meant to conjure up images of a legal you feel, get up, dress up, and show up!”1 The grand dame of British fashion and inventor of the they “examin[ed] the psychological and performance- professional, dressed in gray or blue pants/dress , Barbara Mary Quant understood the visual related effects that wearing specific articles of clothing may be worth remembering as more legal , tie, wearing practical and/or low-heeled , 9 impression clothing makes about the person wearing have on the person wearing them.” “Enclothed professionals participate in virtual environments due and carrying briefcase and laptop in tow. In other the clothing when she noted, “Fashion is a tool to cognition involves the symbolic meaning of the clothes to the COVID-19 mandated closures. What words, not only , but for court 10 showing up dressing up compete in life outside the home. People like you and the physical experience of wearing the clothes.” happens when “a member of the legal team shows (emphasis added). This standard attire for the legal better, without knowing why, because people always For example, doctors (who wear ) are generally up in a virtual courtroom?” This question sounds professional, while not a precise item like the react well to a person they like the looks of.”3 thought to be highly intelligent, precise, and scientific

56 FALL 2020/WINTER 2021 THE LEGAL EDUCATOR FALL 2020/WINTER 2021 THE LEGAL EDUCATOR 57 The Legal

MARISSA J. MORAN, ESQ. - New York City College of Technology, CUNY American Association for Paralegal Education

pristine white lab coat of the medical professional is similar in concept to the items of clothing associated with members of the professorial rank, such as glasses, loafers, and corduroy jacket complete with padding on the elbows. “Suiting Up” for the legal professional is donning a legal cloak of armor; the expected, respected, and arguably required clothing items worn when protecting and defending All the rights of clients who entrust attorneys with their lives and/or livelihoods, personal, financial, and other matters so the attorneys may engage in legal battle on the clients’ behalf. Brenda Swauger, who has worked with fashion icons The Psychology of Clothing: the Experts such as COACH, Paul Stuart, and Louis Vuitton, is often Weigh In consulted to “advise both attorneys and their clients on Rise: how to dress for any situation.”4 While we may dismiss The courtroom environment is one that commands these fashionistas as biased or non-neutral experts respect, and so it follows that certain attire is expected with perhaps an exaggerated belief in the effects of of those who temporarily occupy its space. To better clothing, non-fashion experts also concur. For example, appreciate the impact clothing has not only on the Noble Prize-winning author Isaac Bashevis Singer wearer of the clothing, but also on those who observe acknowledged the transformative nature of clothing them, we need only turn to our “fashion experts.” when he noted, “What a strange power there is in While there is no one common universal language clothing.”5 In the play Hamlet, William Shakespeare that all people speak, clothing seems to be a language wrote “apparel oft proclaims the man.”6 Philosopher capable of communicating to everyone. Well-renowned Ernest Shurtleff Holmes’ claim that “Life is a mirror Italian fashion designer Miuccia Bianchi Prada realized and will reflect back to the thinker what he thinks into Suiting Up when Showing Up the universality of clothing it,”7 may be expanded to include: “Clothing is a mirror and explains, that reflects back to the wearer the image the wearer for the Practice of Law in the COVID-19 projects to others.” What you wear is how you present Academic scholars have also weighed in. Enclothed Virtual Legal Environment yourself to the world, especially today, Cognition is a term coined by Hajo Adam and Adam D. when human contacts are so quick. Galinsky, two cognitive psychologists at Northwestern University. Galinsky asserts “It has long been known Fashion is instant language.”2 that clothing affects how other people perceive us, as The age-old advice of “No matter how like it could be the start of yet another lawyer joke. well as how we think about ourselves.”8 In their study, Instead, it is meant to conjure up images of a legal you feel, get up, dress up, and show up!”1 The grand dame of British fashion and inventor of the they “examin[ed] the psychological and performance- professional, dressed in gray or blue pants/dress suit, miniskirt Barbara Mary Quant understood the visual related effects that wearing specific articles of clothing may be worth remembering as more legal shirt, tie, wearing practical and/or low-heeled shoes, 9 impression clothing makes about the person wearing have on the person wearing them.” “Enclothed professionals participate in virtual environments due and carrying briefcase and laptop in tow. In other the clothing when she noted, “Fashion is a tool to cognition involves the symbolic meaning of the clothes to the COVID-19 mandated court closures. What words, not only , but for court 10 showing up dressing up compete in life outside the home. People like you and the physical experience of wearing the clothes.” happens when “a member of the legal team shows (emphasis added). This standard attire for the legal better, without knowing why, because people always For example, doctors (who wear coats) are generally up in a virtual courtroom?” This question sounds professional, while not a precise uniform item like the react well to a person they like the looks of.”3 thought to be highly intelligent, precise, and scientific

56 FALL 2020/WINTER 2021 THE LEGAL EDUCATOR FALL 2020/WINTER 2021 THE LEGAL EDUCATOR 57 thinkers. Artistic painters are generally thought to be motivated to achieve her goals. She believes, “These U.S. Supreme Court has retained” many institutional creative, free-spirited types. “[Thus,] when a person inspirational pieces provide a tangible touchstone for traditions “that it is in many respects the same ascribes a symbolic stereotype to an article of clothing qualities we are lacking, but want more of.”16 In her institution that first met in 1790, prompting one legal while wearing that article of clothing, then the pilot study, she found “clear correlations between historian to call it, ‘the first Court still sitting.’” characteristic, strength, and/or ability symbolized by mood, personality and aesthetic preference” in regard customs and traditions are expected staples in the the clothing itself actually seems to have measurable to clothing.17 “Freelancers who work from home know practice of law. For example, recognition of a justice’s effects on psychological states and performance.”11 that wearing or sweats all day doesn’t foster seniority status on the U.S. Supreme Court, is visible Enclothed Cognition then is “the link between what a focused mindset….it helps to put on some ‘real in terms of where the justices sit vis-a-vie each other. we wear and how we feel.”12 Such claims seem to be clothes’ to get into productive mode.”18 The findings “The Chief Justice (CJ) occupies the center chair; the borne out by the bestselling book Dress for Success reported by Adam and Galinsky as well as Maldonado senior Associate Justice sits to the right of the CJ; the by John T. Molloy and the popular TLC television show conclude that clothes do have a certain power/sway second senior Associate Justice to the left of the CJ, What Not to Wear,13 which illustrate the power of over the person who wears them, which may lead alternating right and left according to seniority.” clothes and perceptions about the person wearing to intentional/unintentional perceptions about the designation of seating, rooted in tradition and respect 14 the clothing. person by those who observe them. for those who are at the senior level, also assists in The attorney was allowed in court only after borrowing removing any potential belief and visual perception a “morning coat.”27 Anabel Maldonado’s article, “Clothes as Therapy: of Justice, Court Customs and of the justices of the court as divided by their judicial attire for attorneys appearing before the court.28 When & How Does Enclothed Cognition Work?” Traditions philosophies. This seating arrangement prevents like- contradicts some claims of Adam and Galinsky. She minded justices from clustering together on the bench The Legal Cloak of Armor, Expected Attire for explains, “I didn’t spend £1,250 on a Saint Laurent bag Clothing is often associated with customs and and forming what would appear to be a team of sorts. Legal Professionals to prove to my friends that I’m raking it in. I spent that traditions. Images of kings and queens in regal The Judicial Handshake is yet another display of unity saved-up cash on the bag because of how it makes purple attire come to mind. The color purple is also by the court, which takes place as the justices file in Following rules and showing respect to the court me feel (emphasis added). Every time I look down at associated with law and seems to have originated and take their seats on the bench and before they 15 it, it reminds of me who I want to be.” Maldonado from the close association of legal counselors to begin their private deliberations in chambers. understand what may be conveyed by their attire, 19 posits that the luxury inspires her to stay the royals. Despite, “the changes in its history, the especially to and juries. The first sentence of Customs and tradition are also woven into the apparel Christina Binkley’s article, “Opening Statements: What of our in the . Most striking is to Wear to Court,” illustrates this point. Binkley begins, the clothing, the long black robes worn by the nine “There’s a place where first impressions are even Justices of the U.S. Supreme Court and judges in the more crucial than at a job interview or at dinner with federal and state courts in the United States, as they our future in-laws: the courtroom.”29 , enter the courtroom and take the bench to preside Massachusetts divorce lawyer states, “When the over cases. The black robes of justice worn by the court sends out a Notice letting a party know the members of the U.S. Supreme Court dates back to date and requirements of a scheduled hearing, across the 1800s. Notable exceptions were Chief Justice the middle of the documents in bold letters and 24 John Jay, “wearing robes with a red facing” surrounded by ***asterisks*** is the phrase: ‘proper Justice , adorning “his with four dress required.’” “Dressing For (Legal) Success: gold stripes on each sleeve.” Fashion Strategy for the Courtroom and Office” author of the judiciary who wear customary attire in court, Gabrielle Banks shares fashion tips for what to wear in but also attorneys. In the 1890s, when Senator George the courtroom and how best to wear it. She includes Wharton Pepper of Pennsylvania showed up to court stories about court personnel rendering a “Guilty/Not in what was regarded as “street clothes,” Justice Guilty” fashion verdict about the attire of attorneys Horace Gray remarked, “Who is that beast who dares and judges, with critiques such as “great color 26 to come in here with a grey coat?” combinations with brightly patterned ties; stylish

58 FALL 2020/WINTER 2021 THE LEGAL EDUCATOR The Legal

American Association for Paralegal Education thinkers. Artistic painters are generally thought to be motivated to achieve her goals. She believes, “These U.S. Supreme Court has retained” many institutional creative, free-spirited types. “[Thus,] when a person inspirational pieces provide a tangible touchstone for traditions “that it is in many respects the same ascribes a symbolic stereotype to an article of clothing qualities we are lacking, but want more of.”16 institution that first met in 1790, prompting one legal while wearing that article of clothing, then the pilot study, she found “clear correlations between historian to call it, ‘the first Court still sitting.’”20 Court characteristic, strength, and/or ability symbolized by mood, personality and aesthetic preference” in regard customs and traditions are expected staples in the the clothing itself actually seems to have measurable 17 “Freelancers who work from home know practice of law. For example, recognition of a justice’s effects on psychological states and performance.” that wearing pajamas or sweats all day doesn’t foster seniority status on the U.S. Supreme Court, is visible Enclothed Cognition then is “the link between what a focused mindset….it helps to put on some ‘real in terms of where the justices sit vis-a-vie each other. we wear and how we feel.” Such claims seem to be clothes’ to get into productive mode.”18 The findings “The Chief Justice (CJ) occupies the center chair; the borne out by the bestselling book Dress for Success reported by Adam and Galinsky as well as Maldonado senior Associate Justice sits to the right of the CJ; the by John T. Molloy and the popular TLC television show conclude that clothes do have a certain power/sway second senior Associate Justice to the left of the CJ, What Not to Wear, which illustrate the power of over the person who wears them, which may lead alternating right and left according to seniority.”21 The clothes and perceptions about the person wearing to intentional/unintentional perceptions about the designation of seating, rooted in tradition and respect 14 person by those who observe them. for those who are at the senior level, also assists in The attorney was allowed in court only after borrowing removing any potential belief and visual perception a “morning coat.”27 Today, are the customary Anabel Maldonado’s article, “Clothes as Therapy: Robes of Justice, Court Customs and of the justices of the court as divided by their judicial attire for attorneys appearing before the court.28 When & How Does Enclothed Cognition Work?” Traditions philosophies. This seating arrangement prevents like- contradicts some claims of Adam and Galinsky. She minded justices from clustering together on the bench Clothing is often associated with customs and The Legal Cloak of Armor, Expected Attire for explains, “I didn’t spend £1,250 on a Saint Laurent bag and forming what would appear to be a team of sorts. traditions. Images of kings and queens in regal Legal Professionals to prove to my friends that I’m raking it in. I spent that The Judicial Handshake is yet another display of unity purple attire come to mind. The color purple is also saved-up cash on the bag because of how it makes by the court, which takes place as the justices file in Following rules and showing respect to the court associated with law and seems to have originated me feel (emphasis added). Every time I look down at and take their seats on the bench and before they earns the respect of the court. Legal professionals from the close association of legal counselors to 22 it, it reminds of me who I want to be.” begin their private deliberations in chambers. understand what may be conveyed by their attire, 19 posits that the luxury handbag inspires her to stay Despite, “the changes in its history, the especially to judges and juries. The first sentence of Customs and tradition are also woven into the apparel Christina Binkley’s article, “Opening Statements: What of our courts in the United States. Most striking is to Wear to Court,” illustrates this point. Binkley begins, the clothing, the long black robes worn by the nine “There’s a place where first impressions are even Justices of the U.S. Supreme Court and judges in the more crucial than at a job interview or at dinner with federal and state courts in the United States, as they our future in-laws: the courtroom.”29 Carmela Miraglia, enter the courtroom and take the bench to preside a Massachusetts divorce lawyer states, “When the over cases. The black robes of justice worn by the court sends out a Notice letting a party know the members of the U.S. Supreme Court dates back to date and requirements of a scheduled hearing, across 23 the 1800s. Notable exceptions were Chief Justice the middle of the documents in bold letters and 24 John Jay, “wearing robes with a red facing” and Chief surrounded by ***asterisks*** is the phrase: ‘proper Justice William Rehnquist, adorning “his robe with four dress required.’”30 In “Dressing For (Legal) Success: 25 gold stripes on each sleeve.” It is not just members Fashion Strategy for the Courtroom and Office” author of the judiciary who wear customary attire in court, Gabrielle Banks shares fashion tips for what to wear in but also attorneys. In the 1890s, when Senator George the courtroom and how best to wear it. She includes Wharton Pepper of Pennsylvania showed up to court stories about court personnel rendering a “Guilty/Not in what was regarded as “street clothes,” Justice Guilty” fashion verdict about the attire of attorneys Horace Gray remarked, “Who is that beast who dares and judges, with critiques such as “great color 26 to come in here with a grey coat?” combinations with brightly patterned ties; stylish

FALL 2020/WINTER 2021 THE LEGAL EDUCATOR 59 The Legal

American Association for Paralegal Education

statutory rules of conduct and ethics.35 For example, Court: Mr. Gambini, didn’t I tell you of meeting and communicating– within the virtual “The ” policies adopted by The New York that the next time you appear in my environment– bring with them a corresponding City Law Department provide for “” change in expectations of what is appropriate attire c o u r t t h a t y o u d r e s s a p p r o p r i a t e l y ? attire for their “attorneys and for professional staff for the practice of law? The somber black robes worn who interact with clients and other visitors to [their] Counsel: You were serious about that? by judges and suits worn by attorneys lend credibility, offices.”36 However, the policy cautions that “Traditional show respect, and inspire confidence in those in the business attire should be worn in all circumstances legal profession. Judges, attorneys, and juries of our where it is customary to dress in that manner.” This peers conclude that these same qualities are needed includes “appearances in court, meetings with clients whether the legal professional appears in court in- or government agencies where traditional business person or in a virtual manner. attire is likely to be worn, depositions and meetings with third parties or adversaries.”37 The policy further Several judges have shared their experiences about notes, “ must keep a set of traditional business the informal clothing phenomena during virtual court attire in the office in case something comes up that sessions. Similar to how Weckstein informs requires attendance in such dress.”38 To make certain legal professionals about dress codes, Judge Dennis the policy is clear and there is never an instance of Bailey of the 17th Judicial Circuit of Florida penned Expectations for attorneys’ courtroom attire as attorneys not being able to perform their duties due a letter when “lawyers were getting a little too lax” depicted on television/in movies and detailed in state/ 44 to inappropriate dress, the policy also contains the in their online court appearances. For example, a local court rules, and court websites convey what is following provision: “No lawyer or paraprofessional male lawyer appearing shirtless and a female attorney acceptable attire when appearing in court. Virtual should be unavailable because he or she is not dressed appearing to still be in bed under the covers. He court hearings, mediations, and client meetings are appropriately, or appear dressed inappropriately remarks “putting on a beach cover-up won’t cover up now taking place. Attorneys and legal educators because the lawyer did not have correct clothing you’re poolside in a bathing suit. So, please, let’s treat have adapted to changes in how we meet clients available.”39 court hearings as court hearings, whether Zooming and students by utilizing Blackboard Collaborative, or not.”45 To read the letter in its entirety see, “Virtual 31 and classic suits; and impeccable shoes.” Noting the An article that is a potential assigned reading for Zoom, Cisco WebEx, Microsoft Teams, Google Meet/ View From the Bench-During The COVID-19 Pandemic, link between clothing and success, Julie Grant, a Court legal studies-students that can be used in classroom Hangouts, and Skype.43 Do such changes in our ways A Letter from the Honorable Dennis Bailey.”46 TV reporter and former Assistant District Attorney of discussions or as a discussion board post exercise Allegheny County, Pittsburgh informs us that “Sloppy is “Ad-dress-ing Counsel Roanoke City Circuit Judge 32 attire encourages sloppy performance.” She adds, “I Describes Sartorial Standard.” In a letter to legal feel most confident and perform at my absolute best professionals, Judge Clifford R. Weckstein of Virginia 33 when I am dressed professionally.” These statements shares his research (and good humor) on the topic about proper attire align with those expressed by the of a dress code for attorneys to help promote “good fashion and academic experts. advocacy, dignity, and decorum in the courtroom.”40 Dressing Up for Law, No Matter Where, Judge Weckstein believes “attorneys, their employees, law clerks, runners, law students and court employees No Matter When appearing in court or in a judge’s office or chambers During in-person court sessions, judges and anyone [should] dress in a manner befitting the dignity of 41 present in court observe the outward appearance the court.” He cleverly begins his missive about of attorneys. Judges sometimes comment “about proper attire with a few lines from the movie 42 unbuttoned suit , run-down heels or scuffed My Cousin Vinny: shoes.”34 In the United States, a court’s authority to regulate an attorney’s dress is partially based on

60 FALL 2020/WINTER 2021 THE LEGAL EDUCATOR FALL 2020/WINTER 2021 THE LEGAL EDUCATOR 61 The Legal

American Association for Paralegal Education

statutory rules of conduct and ethics.35 For example, Court: Mr. Gambini, didn’t I tell you of meeting and communicating– within the virtual “The Dress Code” policies adopted by The New York that the next time you appear in my environment– bring with them a corresponding City Law Department provide for “business casual” change in expectations of what is appropriate attire c o u r t t h a t y o u d r e s s a p p r o p r i a t e l y ? attire for their “attorneys and for professional staff for the practice of law? The somber black robes worn who interact with clients and other visitors to [their] Counsel: You were serious about that? by judges and suits worn by attorneys lend credibility, offices.”36 However, the policy cautions that “Traditional show respect, and inspire confidence in those in the business attire should be worn in all circumstances legal profession. Judges, attorneys, and juries of our where it is customary to dress in that manner.” This peers conclude that these same qualities are needed includes “appearances in court, meetings with clients whether the legal professional appears in court in- or government agencies where traditional business person or in a virtual manner. attire is likely to be worn, depositions and meetings with third parties or adversaries.”37 The policy further Several judges have shared their experiences about notes, “Lawyers must keep a set of traditional business the informal clothing phenomena during virtual court attire in the office in case something comes up that sessions. Similar to how Judge Weckstein informs requires attendance in such dress.”38 To make certain legal professionals about dress codes, Judge Dennis the policy is clear and there is never an instance of Bailey of the 17th Judicial Circuit of Florida penned Expectations for attorneys’ courtroom attire as attorneys not being able to perform their duties due a letter when “lawyers were getting a little too lax” depicted on television/in movies and detailed in state/ 44 to inappropriate dress, the policy also contains the in their online court appearances. For example, a local court rules, and court websites convey what is following provision: “No lawyer or paraprofessional male lawyer appearing shirtless and a female attorney acceptable attire when appearing in court. Virtual should be unavailable because he or she is not dressed appearing to still be in bed under the covers. He court hearings, mediations, and client meetings are appropriately, or appear dressed inappropriately remarks “putting on a beach cover-up won’t cover up now taking place. Attorneys and legal educators because the lawyer did not have correct clothing you’re poolside in a bathing suit. So, please, let’s treat have adapted to changes in how we meet clients available.”39 court hearings as court hearings, whether Zooming and students by utilizing Blackboard Collaborative, or not.”45 To read the letter in its entirety see, “Virtual 31 and classic suits; and impeccable shoes.” Noting the An article that is a potential assigned reading for Zoom, Cisco WebEx, Microsoft Teams, Google Meet/ View From the Bench-During The COVID-19 Pandemic, link between clothing and success, Julie Grant, a Court legal studies-students that can be used in classroom Hangouts, and Skype.43 Do such changes in our ways A Letter from the Honorable Dennis Bailey.”46 TV reporter and former Assistant District Attorney of discussions or as a discussion board post exercise Allegheny County, Pittsburgh informs us that “Sloppy is “Ad-dress-ing Counsel Roanoke City Circuit Judge 32 attire encourages sloppy performance.” She adds, “I Describes Sartorial Standard.” In a letter to legal feel most confident and perform at my absolute best professionals, Judge Clifford R. Weckstein of Virginia 33 when I am dressed professionally.” These statements shares his research (and good humor) on the topic about proper attire align with those expressed by the of a dress code for attorneys to help promote “good fashion and academic experts. advocacy, dignity, and decorum in the courtroom.”40 Dressing Up for Law, No Matter Where, Judge Weckstein believes “attorneys, their employees, law clerks, runners, law students and court employees No Matter When appearing in court or in a judge’s office or chambers During in-person court sessions, judges and anyone [should] dress in a manner befitting the dignity of 41 present in court observe the outward appearance the court.” He cleverly begins his missive about of attorneys. Judges sometimes comment “about proper attire with a few lines from the movie 42 unbuttoned suit jackets, run-down heels or scuffed My Cousin Vinny: shoes.”34 In the United States, a court’s authority to regulate an attorney’s dress is partially based on

60 FALL 2020/WINTER 2021 THE LEGAL EDUCATOR FALL 2020/WINTER 2021 THE LEGAL EDUCATOR 61 The Legal

American Association for Paralegal Education

attorneys are online and also trained attorneys and tend to shift the discussion and ask, “What does it the legal staff “on dressing appropriately to avoid any matter what a person wears as long as you are able possible embarrassment.”52 Taking proactive measures to perform your work well.” Such responses provide may guard against potential problems for attorneys, opportunities for the legal educator to share their law firms, and legal agencies. own work experiences. For example, I explain that as a newly licensed attorney, I used several of my first Paralegals Modeling Attorneys in Regard paychecks to invest in gray and blue suits, white and to Ethics, Work, and Dress blue collared work , and black/blue comfortable low-heeled shoes. I understood that the law firm and the courts required this, and I also knew that our clients expected their attorneys and legal personnel to be dressed this way not only for court, but also when clients came to the firm to meet with us. This same sentiment is expressed in the article “What To Wear To The Courtroom | Court Dress Code The Importance Of Dressing Well When Meeting A Judge Or Lawyer.”53 In this article, the author states, “You are being judged.… Everywhere we go our looks matter.…It’s science. We want people to see us for who we are as a person; see beyond our appearance, and not judge us by our cover...We should! The fact is, human beings respond very strongly to visual stimuli.”54 Essentially, professionalism is communicated by the quality of our An article in theNational Law Reviewregarding virtual attire and behavior of attorneys on video/camera.49 work and our appearance. hearings during the pandemic actually reminds clients Judges are not the only individuals who have to dress appropriately for virtual court: “Hearings rendered opinions about appropriate attire in the are still formal judicial hearings…Just be cognizant of virtual environment. the fact that the judge can see you throughout the Legal educators acknowledge the value of peer 47 Kansas City attorney Charles W. Gotschall provides proceeding.” mentoring that often occurs between students, such procedural and practical reasons why proper attire as between senior legal studies-students and novice In general, the media and members of the public, is important in a virtual setting. He posits that since or more junior legal studies- students. When teaching including our legal studies students, may attend and there “are likely local rules in every circuit requiring both the associate and bachelor level students, I observe in-person court hearings. In fact, many attorneys to be properly attired, [j]ust because often engage the legal studies students in discussions legal educators assign court observation reports to you’re sitting in your living room or home office about employers’ expectations in regard to research, students. The opportunity to do so remains true even doesn’t mean those rules shouldn’t be followed.”50 drafting, writing, and communication skills. The topic in the virtual legal environment. Broward Circuit Chief He cautions legal professionals to literally “not get of clothing, more specifically proper work attire is Judge Jack Tuter explains, “There are people watching caught with your pants down,” and asks us to imagine also part of our discussions. I ask my students if they from all over the country.” He warns us that “Judges “sitting in your home office or dining room office, and believe it matters how attorneys and legal personnel don’t always catch everything-that doesn’t mean the your court hearing starts. What do you do when [the dress. Most of the senior students invariably say public won’t.”48 During a virtual hearing before Judge bailiff exclaims:] ‘All rise’ and you’re wearing ?”51 Next, I ask the students to think about why they yes and explain the need for professionalism in Tuter, a member of the public “tuned in to his To avoid such problems Broward Public Defender choose to purchase new clothes and dress up for the legal environment and the importance of a court’s first broadcast online” and thereafter, filed a Howard Finkelstein instituted a standard “virtual parties, special occasions, dates, and graduations. good impression both in court and for clients. For complaint with the court regarding the inappropriate Public Defender seal used as a backdrop” when They provide many of the same reasons, to look and the most part, many of the novice/junior students

62 FALL 2020/WINTER 2021 THE LEGAL EDUCATOR FALL 2020/WINTER 2021 THE LEGAL EDUCATOR 63 The Legal

American Association for Paralegal Education

attorneys are online and also trained attorneys and tend to shift the discussion and ask, “What does it the legal staff “on dressing appropriately to avoid any matter what a person wears as long as you are able possible embarrassment.”52 Taking proactive measures to perform your work well.” Such responses provide may guard against potential problems for attorneys, opportunities for the legal educator to share their law firms, and legal agencies. own work experiences. For example, I explain that as a newly licensed attorney, I used several of my first Paralegals Modeling Attorneys in Regard paychecks to invest in gray and blue suits, white and to Ethics, Work, and Dress blue collared work shirts, and black/blue comfortable low-heeled shoes. I understood that the law firm and the courts required this, and I also knew that our clients expected their attorneys and legal personnel to be dressed this way not only for court, but also when clients came to the firm to meet with us. This same sentiment is expressed in the article “What To Wear To The Courtroom | Court Dress Code The Importance Of Dressing Well When Meeting A Judge Or Lawyer.”53 In this article, the author states, “You are being judged.… Everywhere we go our looks matter.…It’s science. We want people to see us for who we are as a person; see beyond our appearance, and not judge us by our cover...We should! The fact is, human beings respond very strongly to visual stimuli.”54 Essentially, professionalism is communicated by the quality of our An article in theNational Law Reviewregarding virtual attire and behavior of attorneys on video/camera.49 work and our appearance. hearings during the pandemic actually reminds clients Judges are not the only individuals who have to dress appropriately for virtual court: “Hearings rendered opinions about appropriate attire in the are still formal judicial hearings…Just be cognizant of virtual environment. the fact that the judge can see you throughout the Legal educators acknowledge the value of peer 47 Kansas City attorney Charles W. Gotschall provides proceeding.” mentoring that often occurs between students, such procedural and practical reasons why proper attire as between senior legal studies-students and novice In general, the media and members of the public, is important in a virtual setting. He posits that since or more junior legal studies- students. When teaching including our legal studies students, may attend and there “are likely local rules in every circuit requiring both the associate and bachelor level students, I observe in-person court hearings. In fact, many attorneys to be properly attired, [j]ust because often engage the legal studies students in discussions legal educators assign court observation reports to you’re sitting in your living room or home office about employers’ expectations in regard to research, students. The opportunity to do so remains true even doesn’t mean those rules shouldn’t be followed.”50 drafting, writing, and communication skills. The topic in the virtual legal environment. Broward Circuit Chief He cautions legal professionals to literally “not get of clothing, more specifically proper work attire is Judge Jack Tuter explains, “There are people watching caught with your pants down,” and asks us to imagine also part of our discussions. I ask my students if they from all over the country.” He warns us that “Judges “sitting in your home office or dining room office, and believe it matters how attorneys and legal personnel don’t always catch everything-that doesn’t mean the your court hearing starts. What do you do when [the dress. Most of the senior students invariably say public won’t.”48 During a virtual hearing before Judge bailiff exclaims:] ‘All rise’ and you’re wearing shorts?”51 Next, I ask the students to think about why they yes and explain the need for professionalism in Tuter, a member of the public “tuned in to watch his To avoid such problems Broward Public Defender choose to purchase new clothes and dress up for the legal environment and the importance of a court’s first broadcast online” and thereafter, filed a Howard Finkelstein instituted a standard “virtual parties, special occasions, dates, and graduations. good impression both in court and for clients. For complaint with the court regarding the inappropriate Public Defender seal used as a backdrop” when They provide many of the same reasons, to look and the most part, many of the novice/junior students

62 FALL 2020/WINTER 2021 THE LEGAL EDUCATOR FALL 2020/WINTER 2021 THE LEGAL EDUCATOR 63 feel good; be confident; get noticed; inspire others A partner of a law firm at which I was an cases about faculty contractual issues related to 01). Enclothed Cognition: Put On Your Power! Retrieved that would apply to why legal personnel do the employment. She serves as ABA, International Legal new clothing purchases or items like tie, jacket, or competitions. 16 Maldonado, A. (2018, May 27). Clothes as Therapy and on behalf of our clients.” Attorneys high heels. Humorous stories of mishaps are shared (Enclothed Cognition). Retrieved from only show up capable and ready for work, get up, dress up, and show up for life - Regina Brett’s “God from a new pair of shoes not yet worn in. I encourage Never Blinks”. Retrieved October 17, 2020, from 19 Why do you wear purple? (n.d.). Retrieved October 20, 2020, environment. Legal studies students already working in earn trust, show and gain respect, all of 2 Daily Fashion Quotes. (n.d.). Retrieved July 10, 2020, from working in the legal profession. Quant - The Style Icon Who Changed The Face Of 60s Fashion. Marissa J. Moran is an attorney admitted to Retrieved July 10, 2020, from State, New , the United States Southern and Implemented by Chief Justice Melville W. Fuller, in the late 19th 4 Swauger, Brenda. “9 Tips on How to Dress for the Courtroom.” century, the Judicial Handshake serves as “a reminder that Eastern Districts of New York, and New Jersey District ABA Journal, laude, from Fordham University and her law degree 5 Adam, H., & Galinsky, A.D., Enclothed cognition, Journal 22 The Court and Its Traditions. (n.d.). Retrieved July 06, 2020, from Brooklyn Law School. Prof. Moran interned at the of Experimental Social Psychology (2012), doi:10.1016/ in NY City. She is a professor in the Department of 8 Adam, H. & Galinsky, A. D. (In Press). Enclothed Law & Paralegal Studies, New York City College of 25 A Decorated Sleeve. (n.d.). Retrieved October 18, 2020, from Cognition. Journal of Experimental Social Psychology (2012), https://exhibits.law.harvard.edu/decorated-sleeve. Technology, CUNY, where she currently teaches Legal doi:10.1016/ j.jesp.2012.02.008. 26 The Court and Its Traditions. (n.d.). Retrieved July 06, 2020, Technology, Forensic Science & the Legal Process, 9 Id. from https://www.supremecourt.gov/about/traditions.aspx. and Legal Document Preparation. She has taught 27 The Court and Its Traditions. (n.d.). Retrieved July 06, 2020, business law courses as an adjunct clinical professor at . NYU-Stern School of Business. Her area of scholarship 12 Adam, H. & Galinsky, A. D. (In Press). Enclothed 28 Courtroom Dress Codes and Changing Times. (n.d.). Retrieved and her published articles relate to the blended Cognition. Journal of Experimental Social Psychology (2012), July 06, 2020, from law. She served as the campus grievance counselor M., McCarthy, J., Cohen, A., Christy, & Heels, P. (2020, July from 2010-2016 working on a record number of 64 FALL 2020/WINTER 2021 THE LEGAL EDUCATOR The Legal

American Association for Paralegal Education feel good; be confident; get noticed; inspire others cases about faculty contractual issues related to 01). Enclothed Cognition: Put On Your Power! Retrieved that would apply to why legal personnel do the employment. She serves as ABA, International Legal from . same in regard to their work attire. “Dressing Up” Education Committee Year-In-Review editor and as a professional attire for legal professionals inspires trust judge for the ABA Law Student Division National 13 Id. and communicates confidence and respect for oneself Appellate Advocacy Competition; the Cardozo Law 14 Id. and for judges, attorneys, clients, legal and court School International Moot Court Honor Society, Oxford 15 Maldonado, A. (2018, May 27). Clothes as Therapy personnel with whom we work. I also ask my students Competition; and as a national/local judge for the (Enclothed Cognition). Retrieved from . new clothing purchases or items like tie, jacket, or competitions. 16 Maldonado, A. (2018, May 27). Clothes as Therapy high heels. Humorous stories of mishaps are shared (Enclothed Cognition). Retrieved from . get up, dress up, and show up for life - Regina Brett’s “God from a new pair of shoes not yet worn in. I encourage Never Blinks”. Retrieved October 17, 2020, from 19 Why do you wear purple? (n.d.). Retrieved October 20, 2020, environment. Legal studies students already working in 2 Daily Fashion Quotes. (n.d.). Retrieved July 10, 2020, from from ; Purple Reign: Why Purple Is the Color of Royalty. daily-fashion-quotes. their experiences when wearing suits. They suggest (2020, March 05). Retrieved October 20, 2020, from . l ; legal studies students for Suiting Up for law when 20 The Court and Its Traditions. (n.d.). Retrieved July 06, 2020, Marie Claire February 19, & Marie Claire. (2019, March 06). Mary from . working in the legal profession. Quant - The Style Icon Who Changed The Face Of 60s Fashion. Marissa J. Moran is an attorney admitted to Retrieved July 10, 2020, from . from ; State, New Jersey, the United States Southern and Implemented by Chief Justice Melville W. Fuller, in the late 19th 4 Swauger, Brenda. “9 Tips on How to Dress for the Courtroom.” century, the Judicial Handshake serves as “a reminder that Eastern Districts of New York, and New Jersey District ABA Journal, . harmony of purpose. laude, from Fordham University and her law degree 5 Adam, H., & Galinsky, A.D., Enclothed cognition, Journal 22 The Court and Its Traditions. (n.d.). Retrieved July 06, 2020, from Brooklyn Law School. Prof. Moran interned at the of Experimental Social Psychology (2012), doi:10.1016/ from . j.jesp.2012.02.008 U.S. Attorney’s Office, Southern District of New York/ 23 Id. SDNY and upon graduation, clerked in the SDNY for 6 Shakespeare, William, et al. Hamlet. Simon & Schuster, 2003. Act 1 Scene 3. 24 The Court and Its Traditions. (n.d.). Retrieved July 06, Bankruptcy Chief Judge Burton R. Lifland and worked 2020, from ; John Jay’s robe. (n.d.). Retrieved July 06, 2020, from Quotes: Exclusive Selection. Retrieved July 03, 2020, from https:// Hays, & Handler and Emmet, Marvin & Martin located . in NY City. She is a professor in the Department of 8 Adam, H. & Galinsky, A. D. (In Press). Enclothed Law & Paralegal Studies, New York City College of 25 A Decorated Sleeve. (n.d.). Retrieved October 18, 2020, from Cognition. Journal of Experimental Social Psychology (2012), https://exhibits.law.harvard.edu/decorated-sleeve. Technology, CUNY, where she currently teaches Legal doi:10.1016/ j.jesp.2012.02.008. 26 The Court and Its Traditions. (n.d.). Retrieved July 06, 2020, Technology, Forensic Science & the Legal Process, 9 Id. from https://www.supremecourt.gov/about/traditions.aspx. and Legal Document Preparation. She has taught 10 Id. 27 The Court and Its Traditions. (n.d.). Retrieved July 06, 2020, business law courses as an adjunct clinical professor at 11 Id. from . NYU-Stern School of Business. Her area of scholarship 12 Adam, H. & Galinsky, A. D. (In Press). Enclothed 28 Courtroom Dress Codes and Changing Times. (n.d.). Retrieved and her published articles relate to the blended Cognition. Journal of Experimental Social Psychology (2012), July 06, 2020, from law. She served as the campus grievance counselor M., McCarthy, J., Cohen, A., Christy, & Heels, P. (2020, July from 2010-2016 working on a record number of FALL 2020/WINTER 2021 THE LEGAL EDUCATOR 65 29 Binkley, Christina. Opening Statements: What to Wear to 45 Id. Court. 2 Sept. 2010, . guidelines currently in place to help prevent the spread of the 30 Miraglia, Carmela M. “What Is Proper Dress and / or Attire COVID-19 virus and as such, will only be conducting remote for a Court Hearing?” Lynch & Owens, P.C., 14 Sept. 2016, board meetings and bar events until these orders and guidelines . these challenging times. (n.d.). Retrieved July 10, 2020, from 31 Dressing for (Legal) success: Fashion strategy for the . from com/article/remote-prove-hearings-during-covid-19-pandemic>. 32 Id. 48 Lean, R. (2020, June 11). After Reports of Porn on Zoom, PDA 33 Id. and Attorneys With No Pants, Broward Chief Judge Is Clamping Down. Retrieved July 24, 2020, from . An assistant state attorney allegedly presented www.law.ua.edu/pubs/jlp_files/issues_files/vol12/vol12art13. her case from bed, “where she switched between lying on her pdf> back and stomach.” An attorney appeared on the livestream wearing a business suit without any pants — “a faux pas he 36 Dress Code. (n.d.). Retrieved July 10, 2020, from . page 49 Id. 37 Id. 50 Shumaker, J. (2020, April 24). ‘I haven’t worn since’: Lawyers consider their dress code in the age of the 38 Id. videoconference. Retrieved October 19, 2020, from ; videoconference/> Courtroom Decorum. The conduct, demeanor and dress of 51 Id. attorneys when present during any court proceeding shall reflect 52 Lean, R. (2020, June 11). After Reports of Porn on Zoom, PDA respect for the dignity and authority of the Court, and the and Attorneys With No Pants, Broward Chief Judge Is Clamping AAfPE offers Lambda Epsilon Chi graduation for inductees. proceedings shall be maintained as an objective search for the Down. Retrieved October 19, 2020, from

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