Do Women Lawyers Still Have to Wear Skirts in Court Rooms?
Note: I originally wrote this post in 2014. I updated it in March 2026.
On the Women in the Profession listserv of the Pennsylvania Bar Association, we had a lengthy discussion about women and what they wear in court. The discussion began because a judge wrote a blog post in which he commented on how women lawyers dress. The judge’s post has since been removed. If you find links claiming to lead to it, be aware they now redirect to a scam site. The judge suggested that some women dress too provocatively in court. The controversy was significant enough that a year after he posted it the judge gave up his blog entirely.
In his post, the judge noted that there is a very intelligent and prepared female lawyer, “[who] wears very short skirts and shows lots of her ample chest.” The judge wrote, “I especially appreciate the last two attributes.” So, apparently his honor prefers to focus on the lawyer’s looks as opposed to her abilities. The judge’s post engendered quite a bit of comment, not only on our listserv, but around the web. Sites such as Above the Law and Fox, commented. Back in 2014, my colleague, Gina Furia Rubel wrote a series exploring the issue.
Our Discussion
A number of women commented on their own experiences and what they had seen in court over the years. Some discussed having been told to sit down for dressing “improperly.” Improperly meant that they were wearing a pants suit instead of a skirt suit. Some people were upset we were even having the conversation. I didn’t quite understand that particular objection, since other people’s views about our clothing is an issue, we have to deal with, regardless of whether it is fair.
My Experience
Everyone who knows me, knows I don’t like skirts, but when I was in Delaware, believe you me, I wore skirts in court. Women were expected to wear skirts, and I didn’t want to get in trouble or cause trouble for my clients (victims of domestic violence) by drawing attention to myself for my clothing. Men were expected to wear blue or white shirts with conservative ties. So, I guess at least everyone had certain expectations. There is a tension here that should not be necessary. Good lawyers don’t want their cases damaged because a judge focuses on their looks and treats the client badly, but good judges shouldn’t be focused on the looks or dress of the attorneys before them, unless the clothing is completely inappropriate.
What About Today?
Times are better now, but some judges apparently still expect women to wear skirts, at least from what I read on the listserv. In addition, the ABA published an article in 2023 titled Keeping Up Appearances. Slow-to-evolve dress codes often burden female and minority lawyers. (Membership required).
One attorney reported that when she goes to an Alabama prison to see her clients, she is required to show her underwear to female guards. To her knowledge, no male attorneys are obligated to do this. A black woman who decided to stop straightening her hair was questioned by “[a] white male lawyer who was unfamiliar with the process of locking hair asked her what type of statement she was trying to make. No statement, she replied: just showing up as her authentic self.” Women aren’t the only ones impacted these days. A gay man was told, ‘There [are] no gay people’ at the firm. The article further notes, “It’s not just women’s hair that faces extra scrutiny. Dress codes regarding clothing disproportionately focus on women’s appearances and hold them responsible for men’s reactions…”
Dressing Professionally Means Different Things to Different People
I do not believe anyone would argue against the idea that lawyers need to dress professionally. But to me, professionally does not require a skirt suit. And in some cases, due to disability, lawyers need to dress differently. “Joy Moonan, an attorney who has cerebral palsy and uses a wheelchair, wears dress pants with elastic waistbands and casual footwear like tennis shoes to accommodate her bathroom needs. She’s often had to explain to colleagues that medical necessity, not lazy grooming, requires avoiding typical lawyer suits.”
Dressing professionally, to me, simply means that lawyers, both men and women, should choose clothing that shows respect for the court, their clients and themselves. This is a point that the judge made in his original post. But I think the judge stating that he especially appreciates the non-intellectual assets of a woman in his court is quite offensive. He could have made his point more respectfully and professionally. Something he expects women in his court to do with their clothing choices. Unfortunately, it seems that more than a decade since the judge wrote his controversial post, the conversation is still necessary.