Why Lawyers Wear What They Wear: The History Behind Legal Attire
~by Divyam Garg
Since years we have noticed various formal professions having strict code of attire, where it carries its own identity. Doctors wear white coats, soldiers and police wear uniforms, and banking and financial services mandate tailored suits, dress shirts, and ties. These do not only symbolize different identities but also represent the responsibilities assigned to their professions. Similarly, the attire followed by members of the legal profession is much more than a formal tradition. Every element, from the black robe to the white neck bands, carries historical and symbolic significance that has evolved over centuries. These elements are not only meant to differentiate members of the legal profession but also to represent the values of impartiality, dignity, equality and justice.
The legal attire didn’t emerge at a single point in history but evolved gradually over centuries. Its various elements originated in Medieval Europe and England. As the English Common Law system developed, these elements gradually became standardized and acquired symbolic meanings of their own. During the colonial era, British introduced many of these traditions into its colonies, including India, where today too several aspects of the legal dress code continue with amendments in certain practices.
The attire includes of four main components of the legal attire - The Black Robe, White Neck Bands (Tabs), White Shirt and Black coat, The Wig.
The robe originated in the medieval Europe, where clergy, scholars, and university teachers commonly wore long gowns. Since judges were regarded as learned scholars and represented the Crown, they adopted similar robes. After the death of Charles II in 1685, black robes became associated with mourning and later became the standard judicial attire. Today, black robes are the symbol of Impartiality, the color black symbolizes that a judge’s or lawyer’s decisions and arguments should be based entirely on the facts and the law, uninfluenced by the personal desires and biases. Equality, because everyone wears the same uniform, personal fashion, social status, and background disappear. This promotes the core legal principle of Equality before the law. Authority and Dignity, putting on the robe helps create a persona. It reminds advocates and judges that they are acting as “officers of the court” whose duty is to uphold the law, rather than speaking as ordinary individuals.
The White Neck Bands (Tabs) evolved from the lace collars and neckcloths worn by clergy, academics, and European Gentlemen during 17th century. Fashions changed, but the legal profession retained them as the part of its formal attire. Over time, they acquired symbolic meanings associated with integrity, truth and the lawyer’s duty to uphold justice. In India, they are widely interpreted as representing the Tablets of Law- where two white bands are believed to represent the Tablets of stone (containing the ten commandments), symbolizing the sacred and moral origins of codified law, and white color signifying honesty and transparency.
White Shirt and black coat, are relatively modern additions as compared to the other elements. The black coat complements the robe and maintains the formal attire expected in court. The white shirt symbolizes the ideas of transparency, purity and the professionalism.
The Wig is one of the most popular legal accessories. It originated during the 17th century Europe, where wigs became fashionable among European nobility. These mainly became fashionable when Louis XIV popularized elaborate wigs at the French court. Slowly this trend spread amongst other nations including England. English judges adopted them because they reflected the formal style of the period. With time the fashion ended, but it still remains the part of the courtroom tradition. The wigs represented Continuity, Impartiality, Anonymity of office.
These were widely followed in India until its independence, followed by various amendments after it. While India retained the black robe and white bands, Under Advocates Act,1961, the Bar Council of India established uniform guidelines for both male and female advocates, with key changes to include women’s traditional wear. Such as, Saree- Permitted as an official and regular court dress for female advocates, provided it is worn with a white blouse and the mandatory black robe or coat. Salwar-Kameez- Permitted for female advocates, but heavily mandated to be sober in colour (typically white, paired with a white-collar/band and a black blazer/robe). Western Formals- Permitted as an alternative, including a white shirt, collar, and black coat or blazer, with either a skirt or tailored trousers, in respect to national identity, inclusion of woman, workplace mobility, and demographics.
However, wigs were largely discontinued as they felt impractical and unnecessary in the Indian context, and making exemption of the black gown optional for lower courts due to severe heat and heavy crowding witnessed in the district and local magistrate courts in India. Further, individual state high courts (Delhi, Kerala, Calcutta) regularly issue circulars making Black coat optional for months between April and July, due to high temperature experienced in the months.
Therefore, the components of the legal attire are not just mere traditions written in just some days, they are a part of evolution over centuries getting influenced by the trends around them, and retaining the true essence of every element that it upholds.