Apparel plays a paramount role in profession that is why every profession has a unique dress code, and persons who belong to that profession may be identified by their apparel. Lawyers dress code is a show of confidence, discipline, and professionalism. A lawyers dress code in India is controlled by the Bar Council of India Rules, which make it essential for all lawyers to wear a black robe or coat with a white shirt and a white neckband under the Advocates Act, 1961. Take a look at how the legal clothing code has changed throughout time.
Table of Contents
The History of Evolution of the Legal dress Code
In India lawyers have been strict adherents of dress code since the mid 1800s. In 1854, an Indian lawyer named Thakore Sahib moved a resolution at a meeting of lawyers to ban lawyers from appearing in court wearing native dresses and turbans. The resolution was carried with support from lawyers across India and lawyers were eventually allowed to wear western or European attire in courts only.
According to the Bar Council of India Rules 1993, a lawyer shall not appear in a High Court or a lower court unless he is dressed decently and wears:
(1) A robe (coat) with collar;
(2) A gown;
(3) A white shirt; and
(4) A neck band (cravat).
Though lawyers wear coats, shirts, neckbands and cravats in courtrooms of all courts across India, lawyers are not allowed to wear shoes. They must wear black socks while inside the courtroom.
An update on the legal dress code was provided by Bar Council of India (BCI) on May 29, 2014 when BCI’s advisory committee circulated a note among lawyers to consider wearing business suits instead of formal coat-trousers/dresses while appearing in Indian courts. The contemporary attire is considered more suitable for lawyers practicing in 21 st century considering ‘ease of moving around the court”.
The Asociation of Lawyer’s America (ALA) also follows similar guidelines for lawyers’ attire which has been in practice since the 19 th century. ALA lawyers are required to wear coats and ties (vests in some jurisdictions) in court and when attending proceedings in an office of the court.
Al Brooks, a senior practicing attorney with expertise on lawyers’ dress code practices across various countries explains that lawyers should not be allowed to express their personal views or preferences while appearing in front of courts by wearing inappropriate attire such as jogging pants, sweat suits etc. Brooks says lawyers must maintain decorum and respect for the legal profession at all times even when they appear before courts. Lawyers must conform to the standards expected from their role because lawyers bring an air of dignity and respectability, which is essential for administering justice”
Lawyers’ Dress Code in India: A Brief Timeline
The lawyers dress code in India has maintained its consistency over the years and lawyers can be distinguished from other persons in courts by their sombre black attire.
Lawyers’ Dress Code in Colonial Times, 18th Century to Mid-20 th Century
While lawyers were allowed to wear only European clothes during the first half of 19 th century, lawyers’ dress code was relaxed sometime during mid-19 th century so that lawyers could wear Khadi or cotton robes. However, lawyers who appeared before high courts were required to wear a silk coat underneath their khadi gowns. The bar council later modified its rules to restrict lawyers from wearing any coloured silk coat underneath their khadis as it was considered as a sign of lawyers’ arrogance.
The lawyers’ dress code was again modified in the 1870s so that lawyers could wear khadi robes with a silk coat underneath, which they were required to remove while appearing for cases in court. The lawyers’ dress code during this time was hence something like : Khadi gown + silk coat, over which lawyers wore a lawyer’s robe or lawyers’ coat according to their choice of attire. In some courts, lawyers also had to wear “full-bottom trousers” instead of trouser and flat caps or black skullcaps instead of turban or topis .Wearing special hats within the courtroom is considered as disrespect of the court and against the lawyers’ dress code however wearing protective headgear such as lawyers’ turban and lawyers’ topi is allowed.
The lawyers’ dress code was enforced again in the 1920s which required lawyers to wear lawyers’ coats over lawyers’ gowns (gown as per lawyers’ own choice) as long as lawyers were not appearing before courts. In the 1940s, lawyers stopped wearing black costumes with full-bottom trousers and preferred to wear black silk coats under their lawyers’ robes instead. The lawyers’ coat worn along with the lawyers’ gown was later replaced by white shirt, neck band and a cravat .
However, this type of formal attire was only followed by male lawyers who appeared before high courts while female lawyers continued wearing formal suits or shalwar-kameez or lawyers’ gowns. The lawyers’ dress code was not required in the lower courts, where lawyers wore kurta-pyjama and lawyers’ gowns.
The lawyers’ dress code was modified in 1951 so that lawyers could wear lawyers’ gown instead of khadis while appearing before high courts if they wished to do so .
Lawyers’ Dress Code in India Since Independence
As per Bar Council of India Rules, lawyers are required to maintain their good character by wearing black robes or coats with white shirt and neck band while appearing before courts. Lawyers are expected to maintain decorum at all times otherwise they may be reprimanded by judges for showing disrespect towards the court proceedings or towards judges themselves .
The lawyers’ dress code also requires lawyers to appear before courts with clean, neat and tidy attire. Inability to follow the lawyers’ dress code is a disciplinary offence which may result in lawyers being declared as undisciplined lawyers by their respective Bar Councils.
Lawyers can wear saffron coloured robes or coats under lawyers’ robes only if they have been granted leave from their respective Bar Councils for appearing before a court of law .
Barrister’s clothing includes a black bar jacket over a white shirt and a neck band , gowns of various colours, bands , ties and ribbons or sashes depending on what kind of work they do. Most barristers wear wigs although it is no longer mandatory in some countries.
In the United Kingdom, lawyers may choose to wear wigs or their own hair in either a cut-away or compound style wig . In other common law jurisdictions such as Australia , lawyers can also appear in court without a wig.
The lawyers’ dress code was again modified by the Bar Council of India Rules in 1960 , which made it compulsory for lawyers to wear lawyers’ coats over lawyers robes while appearing before high courts and district courts all over the country. This meant that lawyers could no longer wear khadis instead of lawyers’ gowns while facing judges at these courts . The Bar Council of India Rules were later revised in 1991 so that lawyers could wear khadi robes with white full-bottom trousers below instead of silk coats.
The lawyers’ dress code in India came into existence to uphold lawyers’ dignity and decorum while appearing before high courts or district courts . The lawyers’ dress code has evolved throughout time through various modifications, practiced by different lawyers over the years. Today , lawyers wear black robes while appearing before high courts or district courts along with white shirt and neck band irrespective of their religion or faith .
The wig system
The British bar and bench introduced the wig, which gave legal practitioners enormous fashion objectives. In 1660, Charles II imported the first wigs. These wigs were mostly made of human or horsehair and were mostly worn by the upper crust of society in Britain. However, by the middle of the eighteenth century, wigs had fallen out of favour with the general public and were only worn by lawyers as part of their formal attire.
Passionate about using the law to make a difference in people’s lives. An Advocate by profession.
