The Barrister-at-Law: A Discourse on Court Dress

MDo As We Do e-lord!” the Barrister said furiously scratching his head with his wig, wearing his ‘bib’ and just as profusely sweating out of his gown. “Me-lord” What does that phrase mean? And why do Barristers say it so generously and obsequiously? Is every person that sits on the other side of the bench a “Me-lord”?

A look at the Rules of Professional Conduct for Legal Practitioners (The Rules) 2007 will show rule 36 stipulates that:

“When in the court room, a lawyer shall

(a) be attired in a proper and dignified manner and shall not wear any apparel or ornament calculated to attract attention to himself.

(b) conduct himself with decency and decorum, and observe the customs, conduct and code of behavior of the Court and custom of practice at the bar with respect to appearance, dress, manners and courtesy.."

As clear as this direction may seem, the issue most Law Students will learn as they commence Court attachment in the coming weeks, and indeed young Lawyers are faced with is Custom and Practice in Court is largely unexplained, you simply go there, see what is done and do what they do –“as the Court pleases!”

This may not seem much of a problem immediately but in the long run, over decades perhaps, it has the ability to distort practice and custom into odd unrecognisable habits. The Attire and Address Rule 45 obliges all Lawyers appearing as advocates to do so in “robes”. It says “(1) Except with the permission of the Court, a lawyer appearing before a High Court, the Court of Appeal or the Supreme Court shall do so in his robes.” In legal parlance we understand this to mean wearing the Barrister’s Wig, Robe, Wing tipped collar and Bands or Collarette for female Barristers.

As to addressing a Court appropriately the Courts and Tribunal Judiciary of the United Kingdom maintain the proper forms of address as: For Supreme Court Judge IN COURT My Lord/My Lady For Court of Appeal Judge IN COURT My Lord/My Lady For High Court Judge IN COURT My Lord/My Lady For District Court Judge IN COURT Sir/Madam Magistrates IN COURT Worship

With the exception of the female address, these are the same proper forms of address in Nigerian courts. Hence the rules being laid out so plainly, why do we continue to hear,

Sir/Madam/Your Barristers address lay-magistrates and Customary Court adjudicators as “Me-lord”? And why do we have Barristers putting on their “bib” in Court as they address High Court Justices? Or even, wigs resembling nothing remotely fitting of a person’s head? The answer to these questions may simply be that we place little or no significance in the traditional heritage of these features and so it becomes inconsequential to alter them. Their significance to the proceedings is negligible at best and the instance of any Barrister within the bar of said High Court, requiring proper adherence to the laid down guidelines may quickly be met with either silence or indignation.

The History of The Barrister’s Attire

It is an historical fact that the Nigerian Legal System and Courtroom Advocacy as it is practised in contemporary Court proceedings in Nigeria are vestiges of the British Legal System and that being said the significance or purpose of many Court peculiarities and traditions can therefore only be found in British tradition and heritage. A good example of this is the practise of Courtroom attiring and the Barrister’s hallowed “Wig & Gown” which originates from ordinary dressing of the English themselves in the 11th-16th Century. The Barrister’s robe emerged as part of the everyday dressing of the English, originally closed as cloaks and tunics of the time, especially considering the Temperate English climate and especially seasonal changes. By the 14th Century the fashion was for open robes, which later took on their current sombre appearance during the period of mourning undergone by the bar after the death of Charles II the hugely popular monarch who restored the English monarchy after it’s abolition. This is the origin of the robe worn today with pleated shoulders and bell shaped sleeves topped with two buttons. The wig itself did not come to be worn until the return of banished Charles II to England and made it fashionable in society to wear elaborate wigs. Charles II in turn is thought to have begun wearing wigs while in exile with French monarch Louis XIII (who famously started balding prematurely at 23years and thus ignited the fashion of wearing the ‘periwig’ in Europe).

During the reign of King Edward III what we now know as the dressing of the High Court Judge was more or less established as the appropriate attire when appearing before the Royal Courts of Justice. This was a long coloured robe, (green, scarlet or violet depending on season) with a full hood for the head, and a fur mantle i.e. a short cape-like cloak worn over the shoulder made of fur or other fabric. It wasn’t until 1635 that the ordinary English dressing before the Royal Courts of Justice was formed into a definitive guide of Court Dress in the English Judges’ Rules.

The Mystery of that Back-Piece on the Robe

Another unique mystery of Court Dress is the enigma of the little triangular piece of robe attached to the back left shoulder of the Barrister’s robe (exempting of course the silk robe of the Queen’s Counsel and the Senior Advocate of Nigeria). If one were to inquire of a Barrister what exactly it is for, most ordinarily would say it has simply always been on every Barrister’s robe, however there appear two obscure origins of this mystery. The first is that Barristers were first advocates of justice and so were not originally openly paid. The quality of their advocacy would not be compromised by payment, therefore the triangular attachment used to be a sack behind the Barrister in which clients would deposit payment to preserve their dignity- which brings much meaning to the phrase “back-hand payments”.

The second is that triangular piece of robe used to be a hood in keeping with the mourning period undergone by the bar for Charles II. This hood was held in place by a long knot of loosely bound threads, which has survived on the modern day robe as the long strip of cloth that hangs down the front left side of the robe. The Significance of Heritage The reason for this extensive look at the history of Court Dress is simple, in order to understand the significance of what is done today, we must understand why these practices began in the first place. In turn this will allow us understand why we do what we do in contemporary Court proceedings. The alternative is that Law Students and young Lawyers never appreciate the rich history and prestige attached to the profession and its unique character. Worse even, we may begin to distort practice and custom till it is unrecognisable, unattractive and poorly performed, or fail to do them at all. We pride ourselves in the Legal Profession upon our traditions and rich heritage, it can thus not be a good sign when Barristers no longer know the manner in which to correctly wear or even care for their wigs. Rather than encouraging obsequious repetition with little or no meaning as practice, we may teach the diligence and dignity of a profession with an ennobling character. We should not see “fly-by Barristers” with robes flailing in the wind breezing into Court. We ought to see ‘Robing Rooms” where Barristers can change into their garments and even more, education in the subtleties of the Art of Advocacy and ‘Barristering’ that afford more care and training in the history and heritage of the profession.

In the larger perspective of creating good and lasting legacy in the profession it is necessary to consider exactly what the significance of the contemporary Court Dress and etiquette we practice is to us. If it has begun to lose significance it is important that we identify this and begin to restore relevance and significance to it. We cannot and should not continue to tolerate a lack of dignity and decorum at the bar and let it gradually diminish professional standards till we become nothing more than the unscrupulous caricatured portrayals of badly dressed and unprepared Barristers, often seen in Nollywood movies.