Tuesday, December 17, 2013

Blog 18 Final research essay



Black, Blue, and Gray all over:
Destroying the Misconception of Conventional Clothing in the Courtroom
By: Tanaera Green
December 17, 2013
Eng 3029*03

Introduction
In a lucrative position such as being a lawyer in the courtroom, perception is everything. Constantly, lawyers are observed by jurors, judges, and even other attorneys, so being at your best is imperative. This being said, women in a male dominated field such as litigation, have to set a standard that will make them be noticed and taken seriously. But can't you do that in Calvin Klein or a non-name brand? In my research, I want to explore the sexist standard that is put on women in terms of their appearance in the courtroom. By interviewing female law students and using "Beyond a reasonable doubt: One size does not fit all when it comes to courtroom attire for women" by Maureen A Howard, I hope to show the misconception that a woman has to dress “bland” in order to be perceived as confident and taken seriously in all aspects when in a court room. I will further solidify this statement in showing the correlation between a current female law student’s perception and current published research, how confident fashion choice can impact the credibility of a female lawyer at trial. In doing so I will ask the question, in the courtroom is it more important to be true to oneself or to dress to the opinions of other courtroom officials such as, jurors, judges, other attorneys, etc. In so discovering how assumptions of a women's personal fashion choice straying from the conventional blue, black, gray skirt suit can positively affect the future female lawyer  in the courtroom ?

Literature Review
Using "Beyond a reasonable doubt: One size does not fit all when it comes to courtroom attire for women"  by Maureen A Howard I hope to show that there is an misconception of how a woman has to dress in order to be perceived as confident and taken seriously in all aspects when in a court room. In this study Howard talks about how regardless of gender, physical appearance does play a crucial role in the courtroom for any attorney however, this emphasis on appearance is by far more complicated for that of the female attorney. “Empirical research  has shown that people (including judges and jurors) can form extraordinarily quick and lasting opinions about people based on very little information” (Howard, 2009/10 pg210).  Impressions, be them good or bad such as these, are primarily based solely on visual information. Therefore, before even a single word is uttered out of one’s mouth your fashion choices have said all that they needed to say, so the lawyer wanting to achieve their truly best day in court and the support of the jurors has to decide whether or not the aspect of physical appearance is a relevant factor.
            According to Howard, there are different types of female lawyers. Each type of lawyer has to understand herself and her attire, in understanding herself and committing to it, the lawyer also has to understand that that means she has been typed.  Howard discusses her first memorable experiencing pondering to as a law student whether female lawyers really considered their closest before stepping into court watching a female attorney in the movie “The Jagged Edge”. The actress wore a skirt two sizes too small in the 1985 movie and Howard was not the only one to notice quoting one female law professor who said “The message of her [the actresses] clothing visually undermines any image of competence and gender-neutral skill”.  Both Howard and the then female law professor had typed the actress in her role.  In being typed it implies when doing so you must do one thing and cannot do another, committing to one type is at the discretion of the attorney but the lawyer, like the actress, has an audience and has the goal to appease them. In understanding this it becomes a moral dilemma of the female attorney to choose between staying to oneself and their chosen style and addressing and submitting to the reality that you are judged on your appearance (Howard, 2009/10).

TYPES OF FEMALE ATTORNEYS
Howard observes three different types of female attorneys who all have their own style that go against the norms and are viewed as both credible and confident in their clothing: the funky dresser, the fashionista, and the anti-coiffurista.  The funky dresser was a high profile public defender who was known for her unconventional, hand sewn and designed courtroom attire.  Her love for the dramatic fashion was not only incorporated into her clothing but also encompassed her hair, makeup and accessories. This in mind, Howard, despite her unconventional clothing, only perceived the female attorney as smart and articulate. This was because the woman was secure in herself and therefore made her audience equally as secure, thus projecting intellect and becoming the unconventional guardian of her client’s rights that she truly was.
The fashionista, also a criminal defense lawyer, was not defined by her impeccable fashion choices but was well known for them, in and out of the court. This female attorney was defined by Howard as impressive; noting that she wore the clothes the clothes did not wear her. At no point was the fashionista upstaged by the designer clothes or shoes that she wore, because the fact was that how she dressed. The fashionista’s designer suits and shoes, were the real her, her real style which allowed her to be even more confident and credible in her arguments because she was confident in knowing herself. 
The anti-coiffurista was a federal prosecutor who had been observed by Howard in a high-profile case while giving a “brilliant opening statement” (Howard, 2009/10). This lawyer’s unconventional fashion came in the form of a hairstyle; she had chosen to wear her hair in what Howard defined as a “yoga class” or “running to the store for milk in the morning” messy ponytail (Howard, 2009/10). This extremely informal hairstyle went against all conventional courtroom coiffure, however it worked to her advantage, in a way, subliminally, giving off the message that she was a serious, concerned with the law and the facts and not her hair. This anti- coiffurista made the fashion decision to make the case about the case and not herself.
All of these female lawyers, the funky dresser, the fashionista, and the anti-coiffurista, knew themselves and their style, and although unconventional their wardrobe, they were true to who they were and thus confident and credible in themselves and their work (Howard, 2009/10).

CONFIDENCE, COMMITMENT, AND CREDIBILITY
            An attorney’s credibility is defined in advocacy literature in terms of integrity, sincerity, trustworthiness, and reputation, but overall the litigator must be authentic.  To be recognized as successful, a female lawyer has to find the common balance between herself and her style to be perceived in the most favorable light. Howard stresses that in staying true to oneself, your credibility, as far as visual aspects, defines itself. Dressing in what makes you as the attorney comfortable allows your confidence to show through in your words, and when you feel comfortable your audience feels equally as comfortable listening to you becoming more susceptible to what you have to say. Howard gives the example of a male attorney that she’d observed at trial that had went against these rules and in doing so strayed from being himself and was not perceived as credible. In his trial the attorney, in his early 30’s, before making his closing argument made the fashion decision to wear a wedding ring and telling the jurors that he had children at home.  The attorney was not a married man nor had he any children and because he was not true to himself in trying to elude the jury to perceive him as more worldly to counteract his age, he failed in his deception and lost his credibility.
            One of the jurors was not deceived by the attorneys fashion lie and accused the lawyer of being either a liar or a cheat based on the evidence that his words and actions did not match his apparel. The juror had seen the wedding ring and typed the lawyer as either a married man with kids who cheated on his wife because she had witnessed him flirting with a young court reporter, or a liar who had used a wedding ring and a sentimental fake family story to sway the other jurors.  In both situations the attorney straying from his true style and in essence strayed from his true self and it cost him his credibility to the jurors. Though this attorney went against who he was in making his fashion choices and it backfired, there are effective ways to be one’s self. Straying from the rules of legal fashion and being who you are can be seen as credible, committed and confident in yourself, your work, and by others (Howard, 2009/10).

Methods
            This study looks at whether the opinions of a current female law student correlate with research, in the view that a female attorney can stray from the conventional blue, black, or gray skirt suit in order to feel confident and be seen as credible to her audience in the courtroom. The research asks the question of whether, in the courtroom, is it more important to be true to oneself or to dress to the opinions of other courtroom officials such as, jurors, judges, other attorneys, etc.? In the attempts to discover how assumptions of a woman's personal fashion choice straying from the conventional blue, black, gray skirt suit can positively affect the future female lawyer in the courtroom, the use of an interview of a current female law student was used. Being as how the research participant is a current law student and was very busy, the interview was conducted over a free online chat room at her convenience. Questions were asked, answered, and later analyzed to determine any correlation to the published findings found in "Beyond a reasonable doubt: One size does not fit all when it comes to courtroom attire for women" by Maureen A Howard.

CATEGORIES OF ANALYSIS
Analyzing the transcript of the chat room conversation with the female law student Kacey, the same relevant categories will be used that were assessed in Howard’s research. Focusing on what the student in her experience sees and understands typing of the lawyer, and how it can work for the lawyers advantage and additionally looking at credibility, commitment, and confidence, and how they are obtained and utilized. I will also look at what female law students think in terms of how they should dress based on what they have seen and from their own experience also to see if they have also experienced anything similar to the situations discussed in the article. If so then analyzing how it may have affected them as a person, in the hopes of asking the underlying question “If you could wear what you want, would you and would you be more confident in doing so?”

Data Analysis
            During the chat interview I did not coach the interviewee (Kacey Alias) when talking about fashion in the court room, I made sure to allow her to feel free to talk openly about her experience.
TYPING OF FEMALE LAWYERS
Kacey: first impression is everything… especially in the court room
Interviewer: What do you mean by that
Kacey: as a woman in the court room they aren't looking at you as a lawyer it's a woman first (Alias, 2013, November 19).

In the very early stages of the chat interview Kacey shows in saying this comment that she understands the discourse of the legal community that being a woman and being a lawyer are in a way two separate entities and have to be assessed and addressed as such in order to coincide. Kacey, like Howard, in her experience also defined three different types of legal attire that she had witnessed in her three years as a law student and working in the legal profession: the church suit, modern looking suits, and the inappropriate (slutty) professional clothes.
            Interviewer: When You first met then (Female lawyers) can you recall there appearance?
...How did she dress?
Kacey: Well… a lot of the women I see down here are kind of big so they wear what I call church suits… they're kind of outdated and not really form fitting… but back home I see more modern looking suits although occasionally you see lawyers wearing the inappropriate sexy professional clothes
//
Interviewer: Wat would be slutty or inapropriate
Kacey: short skirts… tight pants… bright colored suits (Alias, 2013, November 19).

In the transcript Kacey not only gives general categories like Howard, she also presents a range of positive and negative fashion choices based on her opinion. Though it was a chat room interview and we were not in person based on my personal knowledge of the interviewee, the choice of wording, and the speed of the answers, I could tell that Kacey, looked down upon the idea of wearing the church suit but wasn’t as opposed to wearing is as she was the inappropriate (sexy) professional clothing.
Interviewer: Oh ok and that's slutty? Do you think that jurors who see a female attorney dressed "slutty" also don't give them much credibility like the judges?
Kacey: yes… i think perspective from jurors is always there (Alias, 2013, November 19).

From this portion of the transcript, you can see that Kacey, is the prospective lawyer that does want to be perceived in the light most favorable. In taking the time to take account of her fashion choices in the courtroom, doing her own informal research and analysis of what works and what doesn’t for women in the legal profession and they may be perceived, Kacey proves to be the optimal research participant.

CREDIBLE, COMMITTED AND CONFIDENT
Interviewer: Would you say that you are fashion forward?
Kacey: I would think so I'm not a Naomi Campbell though
Interviewer: LOL well do you feel that it is possible to be fashionably satisfied with your attire while still being able to be taken serious as a legal professional?
Kacey: I try to look traditional but have my own little spin… so like I'll wear a skirt suit that's still knee length and in the right color but I'll have a silk purple blouse underneath or a cute belt (Alias, 2013, November 19).

Here Kacey is not showing positive interest in clothing in the courtroom, she defines who she is and knows what her style.  
Interviewer How would you define your courtroom style? How would you define your everyday style?
Kacey: No bright pink colors, always neutrals nothing low-cut or form fitting… my everyday style is like legal but cute it's not courtroom style because of the colors and patterns I like statement necklaces boyfriend watches pencil skirts etc… courtroom style is always blue, black, or grey skirt suit white blue or black collar blouse underneath pearl earrings 3 inch black leather heels light makeup…everyday wise I like colored lip glaze, eyeliner, mascara, etc court room it's neutral lip balm, a little mascara that's it 5 minutes or less (Alias, 2013, November 19)

Credible, committed and confident in her identity as a future lawyer and her prospective fashion choices, Kacey shares what she feels good in and how she makes what works for her work for court. Here unlike when talking about the church suits or the inappropriate (slutty) professional clothing she has clearly categorized herself as the modern looking suit lawyer. Kacey talks the conventional legal attire and makes it her own, in essence making it her, and in doing so dressed in the confidence of being herself. Allowing her to be the future litigator that she was meant to be without the obscurities of being confined to the blue, black, or gray stereotypical women’s suit.
Discussion/ Conclusion
By using the opinions of the future female lawyers to address the questions of whether in the courtroom is it more important to be true to oneself or to dress to the opinions of other courtroom officials such as, jurors, judges, other attorneys, etc.?  I have shown how a women's personal fashion choice straying from the conventional blue, black, gray skirt suit can positively affect the future female lawyer in the courtroom. This analysis will hopefully open the eyes of other attorneys and allow for them to make a difference and possible change to their conventional thinking in terms of their legal attire. The double standard place upon women in power, especially those in chosen supposed male dominated fields, is ultimately holding back women's potential in the hopes of reaching true equality in all aspects especially in the workforce.
Women to this day are still paid 77 cents on the dollar in comparison to a man, with the addition of that lesser salary, they also have to focus on the sexism that is associated with fashion choices in forcing the blue, black, or gray suit stereotype. From my findings, I have shown that a woman who dresses according to her true self, her true style despite its unconventional nature can and will be perceived as credible and confident, in herself and in her words. Not to say that the blue, black, or gray skirt suits are not an option it’s just not the only option; opinions are in most cases based upon visual perception. A woman that is visually comfortable in her skin and clothing is likely to be equally as comfortable in her words and in the eyes of the court. This analysis has allowed for the clarity and justification of the need for change what is necessary in order to create equality, conformability, and credibility at least in the terms of clothing for present or prospective female lawyers to stay true to their own style.


References

Alias, K. (2013, November 19). Womens Fashion in the courtroom [E-mail interview].


Howard, M. A. (2009/10). Beyond a reasonable doubt: One size does not fit all when it comes to  courtroom attire for women. Heinonline Law Journal Library. Retrieved from http://heinonline.org/HOL/Page?handle=hein.journals/gonlr45

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