ERIN C. COWLING
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Barristers' Robes: The Courtroom Equalizer

6/27/2017

4 Comments

 
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As a civil litigator in Ontario, when I appear before a judge (in most circumstances) I must wear my court attire consisting of black or grey "court striped" pants or skirt, a white wingtip collared shirt, waistcoat, my robe and my tabs (white flappy things that flow from my collar – see picture). If you are interested, there have been several articles written about the history of our stuffy courtroom attire and how to properly wear it, gussy-it-up, and about the makers who make them.

Some litigators loath the robes, wishing to do away with the old-fashioned garb and the blue velvet carrying bags with our initials on them (see photo below); others feel at home in the serious and traditional uniform. What I appreciate the most about my robe is that, as a woman, I feel like it helps level the playing field for me in the courtroom.  Women are often judged on how we look and are dressed, and women lawyers in the courtroom are no exception. Judges judge us by appearance whether consciously or unconsciously - they are human. The robes act as a great equalizer. We all look equally ridiculous in them, whether we are hiding breasts or a pot belly underneath. When I am wearing the same Hogwarts outfit as counsel next to me, I know the judge is not judging me on my choice of dress.  If I had my way I would bring back the wigs and then I wouldn’t have to worry about my hair either (Up? Down? Bun? Pony tail? Curly? Straight? Pig tails (probably not)).

Unfortunately, we don’t robe before Masters (yes, we have individuals called “Masters” in our court system). When I appear before a Master I waste so much time thinking about my attire: should I stick to a boring black suit? Skirt or pants? Skirt too short? What colour of top? Too bright? Too dowdy? Too low cut? Not serious enough? Too serious? And don't get me started about my shoe choice! And I admit, I tend to be an over-thinker, but if how I dress can potentially affect the outcome for my client, then of course I am going to put thought into it.  Men have it so easy: suit, shirt and tie.  I totally prefer wearing my robe.
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I know change is coming to the legal profession (including potentially renaming the Law Society of Upper Canada) and I welcome change, but I hope some traditions remain, including our wacky courtroom attire.



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4 Comments
Sandra Balram
4/10/2018 04:05:59 am

Hello please let me know where I can get an inexpensive men's lawyers robe to buy in ontario.

Reply
Mike link
1/17/2020 01:39:16 am

Visit www.justcourtshirts.ca for Canadian made legal attire for men and women.

Reply
Mark Crowley
1/17/2019 07:21:46 pm

Dear Sandra

Great comments about wearing the gown and levelling the playing field between lawyers. I completely agree that judges judge you by your appearances and this may a conscious or unconscious act. Ether way its human nature. I suggest though this pre-judgement goes much further to those who with wear a gown or not and those that are represented by counsel (gowned or not) and those who are self-represented. Maybe everyone in the Court should just wear a gown - handed out by the clerk at the court-room door. That would definitely level the playing field!!!!!

Reply
Walter P link
12/8/2020 09:31:04 am

Loved readding this thanks

Reply

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    2019 Canadian Law Blog Awards Winner
    2018 Canadian Law Blog Finalist
    2017 Canadian Law Blog Awards Winner
    2016 Canadian Law Blog Awards Winner
    Erin C. Cowling is a freelance lawyer, entrepreneur, legal career consultant researcher & writer,  and President and Founder of Flex Legal Network Inc., a network of freelance lawyers.
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