Dress Code In Relation to the Profession and Himself Paragraph 37 of - PDF document

Dress Code In Relation to the Profession and Himself Paragraph 37 of Part 1V of the Code of Ethics states that “an Attorney at Law shall at all times be attired in the manner prescribed or agreed upon by the proper authorities and as befits the dignity of the Court.” The Dress code has been enshrined in Practice Direction No 1 of 2015 made pursuant to the inherent jurisdiction of the Honourable Chief Justice. The Practice Direction took effect on the 1 st March, 2015. Paragraph 1 of Part 1 of the Code of Ethics states that an Attorney at Law shall “maintain the honour and dignity of the Legal Profession” and adherence to the Practice Direction ensures that the honour and dignity of the Legal Profession is maintained. My humble opinion is that the Practice Direction as written is slightly confusing. I have taken the liberty of reformatting the Practice Direction to make it more easily understood into Male and Female attire for Chambers and Male and Female attire for Court. I know that you are all busy practitioners who may not have been able to devote the time to review the Practice Direction in its entirety and I am therefore grateful for this forum which enables me to review the salient points of the Practice Direction on Dress Code with members of the Bar. Reads Practice Direction General Practice Generally the Dress Code outlined above is largely upheld by the Bar with a few exceptions. On occasions when I have drawn an Attorney ’s attention to his or her failure to adhere to the Dress Code I have been told that the Attorney had no funds to purchase new clothes. Of course this is a totally unsatisfactory answer and just as a

carpenter needs to be equipped with the tools of his trade so too should the Attorney. Besides a breach of the Dress Code is a disrespect to the Court. I have also noticed Attorneys wearing suits which are clearly light grey instead of dark grey. Attorneys have also been observed wearing beige shoes to court. I have seen Attorneys wearing shoes with an open-toe or sling back and the age old “pumps or court shoes ” which are so aptly named should be the order of the day. Attorneys’ attendance at the Court Office Attorneys who visit the Court Office to transact business other than appearing in court or chambers should also be properly attired in typical business attire or business casual wear. Under no circumstances should you visit the Court Office in casual clothes or sandals. I have instituted a dress code for all users of the High Court and security officers are having a difficult time in enforcing this dress code. The Bar would therefore assist me greatly by setting an example to staff and other users. Attorneys’ Clients One issue which has been raised by the Bench is the mode of dress of clients attending Court and Chambers. Here also the standards appear to have fallen below par and Attorneys are asked to encourage their clients to wear appropriate clothing for attending court. Attorneys’ Clerks I hav e also noticed that some Attorneys’ clerks wearing very casual attire to the C ourt Office to file documents and to transact other business. On one occasion a member of a prominent Attorney’s staff attended the Court Office in jeans and a cap which was turned backwards. That behavior is totally unacceptable and will not be accepted. The matter was referred to Head of Chambers and an improvement was seen immediately. I therefore urge all Attorneys to ensure that their clerks represent their chambers well by being properly attired when attending the Court Office. I must commend the Law Firms who have uniformed clerks as they are always well presented and it also makes it easy to identify the clerk as a member of that firm. Staff of the High Court I am moving strenuously to introduce uniforms for the staff at the High Court. I have obtained draft designs for the High Court logo (compliments of the Graphics Designer at ABS) and this logo will be imprinted on the shirts of members of staff. It is my strong

belief that this will contribute greatly to a more professional atmosphere at the High Court. The matter of financing for the staff uniforms looms large but it is essential that a more formal approach be taken in respect of dress by the staff at the High Court as here too standards have fallen. In conclusion I should warn you that the Chief Justice has written to all the judges and masters to request them to ensure that the Practice Direction on the Dress Code is observed in its entiriety. It should be ev ery Attorney’s worst nightmare to have the judge tell him that he cannot hear him and then have to explain that to the client. I therefore urge all members of the Bar to comply with the Practice Direction and to assist the Court in respect of the other matters raised herein.

Protocol Before I commence my presentation on the topic I am pleased to advise the Bar that this Department of the Ministry of Legal Affairs is no longer referred to as the “Registrar’s Division” which is an anachronism. The name has been officially changed to “ The High Court ” . Introduction Protocol has been defined as “a code prescribing strict adherence to correct conduct and procedures to be followed in formal situations ”. Th ere have always been protocols, which may or may not have been codified, to regulate the relationship between the Bar, Bench, Court Office and the public. The overriding objective of the protocols, be they written or unwritten, is to ensure the independence and impartiality of the Judiciary and a fair and efficient system of justice. The motto of the Eastern Caribbean Supreme Court is, “To serve its Member States by providing access to a system of justice that is accountable and independent, and administered by officers in a prompt, fair and effective manner.” It is therefore important to keep this premise in mind as all the protocols have been designed to ensure that justice is administered in an accountable, impartial and independent way. The Judiciary Protocols have been codified for Judges of the Eastern Caribbean Supreme Court as Canons 1 – 5 and they are published on the website of the Eastern Caribbean Supreme Court. Canon 1 of the Code states as follows:- “An independent and honourable judiciary is indispensable to j ustice in our society. A judge should participate in establishing, maintaining and enforcing high standards of conduct, so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective.” Canon 2 further states that “Public confidence in the judiciary is eroded by irresponsible or improper conduct of judges. A judge must avoid all impropriety and appearance of impropriety. Judicial Office carries with it the burden of constant public scrutiny. A judge must accept restrictions that might be viewed as onerous by other persons and should do so freely and willingly .” I would urge all members of the Bar to read the Canons and to be cognizant always of the onerous restrictions imposed on judges. You should strive always to ensure that you do not put the judges in a compromising situation as for example meeting with the