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The Honolulu Advertiser
Posted on: Friday, August 14, 2009

Courtroom chic


By Paula Rath
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

JUDGE (standing): Shana Peete wore a lace dress, linen blend jacket and pumps when going before a judge in a real estate case.

DEBORAH BOOKER | The Honolulu Advertiser

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Attorneys on TV are doing no favors for the image of attorneys in the real world. The short skirts and plunging necklines of those sexy starlets and fancy ties and uber-fitted European suits on the dashing men set up a style scenario that doesn't always play well in real courtrooms, especially in Hawai'i.

It's a clothing cliche among Island folks: If you see someone wearing a suit, it must be an attorney going to court. However, we've noticed even attorneys don't always wear suits here.

We asked several Island attorneys what they wear to court, and if their attire differs when they go before a judge or a jury.

BEFORE THE JUDGE

A courtroom is a serious place, and attire should reflect the respect and esteem the attorney holds for the court. Most judges are conservative, which is an important consideration.

That said, it's also important for an attorney to choose comfortable clothing, especially in our climate. If constantly fiddling with a tie or skirt or hemline, it creates an appearance of being nervous and shifty. And perspiring, of course, is undesirable if an attorney wants to appear calm and in control.

Shana Peete, 31, of Makaha, who recently opened her own law office and practices all types of law, was formerly a deputy prosecutor. Her approach to what to wear in a courtroom has not changed since she went out on her own.

For this stylish woman, "it's important to look current without looking trendy," Peete said.

When going before a judge, she feels comfortable being herself and portraying a polished and professional look, but not necessarily predictable or conservative.

Peete favors two colors, navy and brown, which she uses to help her convey a powerful presence or make a strong personal presentation. "Brown emotes trustworthiness," she said.

She often chooses brown or navy over the commonly worn all-black ensemble.

David Lusk, 35, of 'Ewa Beach, a former public defender who is now in private practice, specializing in criminal and family defense, said he hasn't changed the way he dresses since entering private practice.

"With a judge, I'm not so concerned in terms of influencing; I just want to look professional," he said.

Louise Ing, 57, a partner in the firm of Alston, Hunt, Floyd & Ing, who specializes in business and real estate law, said, "I have found black is too severe, so I have two or three black pinstripe pantsuits that I would use more for motions than something with a jury."

"The trick," Ing surmised, "is finding high heels that will not kill your feet during a long opening, closing or witness examination."

BEFORE THE JURY

When going before a jury, an attorney definitely does not want to wear anything distracting. A wild tie with smiley faces or motorcycle boots won't do for a man. Jangling jewelry and sexy clothing won't do for women.

In front of a jury, Peete said, it's all about ingratiating herself — making herself familiar and welcome.

"It's as though you're going to befriend the jury. As if you're someone they trust and will be friends with," she said. "You want them to relate to you, so you want to be accessible."

She chooses bold color and stylish clothes, but nothing shocking. "It says 'Hey, I'm serious, and I know what I'm doing, but I'm not 100.' "

Although she is 6-feet-1, Peete said, she often graduates to high heels for her closing arguments.

"As awful as it sounds, I think juries want to see ladies in heels," she said.

In a criminal case, Peete said, a prosecuting attorney might want to be more conservative than the defense side — "less flash on the prosecution side, because you're a public servant and you're representing your office."

Lusk said he dresses more conservatively with a jury.

"It's a mistake to wear anything that will catch the jury's attention. Then they aren't listening to what you're saying," Lusk said.

Though Lusk said many attorneys go for an "average Joe" look, "all folksy and everything," in an effort to get the jury to relate to them, it's not his approach.

"I know a lot of attorneys try to be as casual as possible in front of the jury, going with a sports jacket instead of a suit, even. They say it helps them build rapport. It works for them, so I certainly don't criticize it. But that doesn't work for me," he said. "Maybe it's the military hair cut (I'm a JAG officer in the National Guard) or maybe it's my upbringing, but I have a tough time getting into that image.

"For me, it's always a suit, always conservative. No loud shirts or ties, no alligator boots or cane or all the other things you see attorneys doing, many of them very successfully."

Ing varies her approach, depending on the setting.

"For getting acquainted with a jury, I would wear a more colorful suit, to be more approachable and keep them awake, and maybe a skirt rather than pants," Ing said. "I view skirts as being more traditional and conventional for women."

Another attorney with Alston, Hunt, Floyd & Ing, Tina Colman, said, "I always try to wear bright colors, since men are always in black or blue. It's easier to recall my argument or line of questions when I am sitting in the corner of the judge or jury's vision in bright red or pink."

Another of Ing's colleagues, Ellen Carson, said, "I pick solid, heavy colors, dark intensity, like a deep purple or blue, but something more interesting than just a dark gray, blue, black suit. ... I feel very comfortable in some of the modern Asian-look fashions."

Now that's not something you would see in Boston or Chicago courtrooms.