Do female attorneys dress too sexy?

A federal judge recently brought up the issue of inappropriate attire worn by some female attorneys. Her comment drew immediate agreement from several of the other judges and started a debate about the distracting nature of skimpy clothes.

As the National Law Journal reports, U.S. District Court Judge Joan Lefkow, the judge who initially brought up the dress code issue, was actually complaining about an attorney who showed up to work in sweat pants, seemingly heading to a fitness club. Judge Lefkow's comment occurred during a meeting of attorneys and federal judges in Illinois. Many of the male judges on the panel, and male attorneys in the audience, disclosed that it was a problem they had noticed as well, if perhaps for a different reason.

 Judge Michael McCuskey, for one, complained about female attorneys in his courtroom with

skirts so short that there's no way they can sit down and blouses so short there's no way the judges wouldn't look."

While his comment provoked laughter in the audience, soon other judges voiced their concurrence that inappropriate attire has become a serious issue. Bankruptcy Judge Benjamin Goldgar, for example, noted that he has wanted to tell female attorneys in the past to dress more conservatively, if only so he could pay attention to their arguments.

To be fair, the complaints about courtroom dress code were not directed solely at women. The judges also complained about “wacky ties,” or the lack of ties completely, as a sign that the lawyers were not taking the venue seriously. Additionally, many judges feel they cannot address an attorney’s attire in the courtroom because it could be viewed as ex parte communication (speaking with one party while the other party isn’t present). Lawyers in the audience agreed that it’s a delicate issue, even at law firms, to address what is appropriate or inappropriate to wear.