Trial Tuesday - Watch Your Ps and Qs in Court

There was a time in my life (and I know this is going to make me sound old) when, if you told someone to dress like they were going to church, or like they were going to travel, or they were going to work, you knew they would be dressed appropriately for court.  You knew that the men would be wearing dress slacks and either a button down shirt or a polo, and the women would be wearing nice slacks or a skirt with a blouse.  If you were lucky, the men would come in a tie and the women would wear a dress.  Back in the old days, we knew that the way you dressed when you showed up demonstrated the respect you had for the institution.  Those days are gone.  Mother lives near our local Catholic Church, and I am often running by there as folks are arriving for mass.  The way they dress appalls me:  cutoffs and bikini tops (it is Florida), jean shorts, "distressed" jeans, running clothes., and the like.  When I travel, I see folks dressed in their pajamas.  So now, instead of just telling clients to dress like they're going to church or work, I have to spell it out.  Oh, I know, everyone dresses down these days.  Not in court when you're my client.  Shorts and sandals?  Heavens no, especially not for men.  Momma told me you only get one chance to make a first impression.  If you don't think the judges notice what you wear and decide whether it's appropriate, please think again.  If you don't think that what you look like in the courtroom influences how the judge sees your case, please think again.

While we're on that subject, don't ever think the judge doesn't notice what's going on in their courtroom.  Sure, they may look like they are intent on the witness in the witness box.  That doesn't mean they don't notice you rolling your eyes, or mouthing "liar", or taking and receiving texts (yes, all those things have happened).  Judges are like your momma - they have eyes in the back of their heads, they can see through closed eyelids, they hear that mutter under your breath that you thought no one heard.  One of the reasons that it is so darned difficult to overturn a judge's decision on appeal is that the appellate court defers to the individual who had, not only the opportunity to hear the evidence, but also the ability to observe the witnesses and assess the demeanor of the litigants in their courtroom and on the stand.  Don't believe me?  Read about 100 published appellate opinions and I guarantee you will, because that's what they say.  There are so many ways to win or lose a case.  Why would you let how you look and how you behave, instead of the facts, determine the outcome of your case?  Just my $.02.  Here in the Trenches.