Toe Cleavage: Offensive to the Legal Profession?

Apparently, a group of lawyers in Memphis recently spent a lot of time mulling over just such weighty issues as toe cleavage.  According to this Memphis Daily News article, a bunch of Memphis lawyers and judges met to discuss the issue of a dress code for local lawyers. 

The meeting included "an impromptu modeling of shoes to determine if either pair represented “cocktail shoes,” and if they did, whether they were inappropriate or disrespectful to the courts."

Some attendees were particularly "offended by too-short skirts, too much cleavage or too much arm being shown, and running shoes being worn in the courthouse."

At issue was a dress code proposed by a number of Memphis Bar Assocations.

The proposed rule at issue reads as follows:

“All attorneys should wear appropriate attire. Men shall wear coats, ties, slacks and appropriate footwear, which does not include athletic shoes or shoes without socks. Women shall wear professional and conservative attire, such as dresses with jackets, suits or pantsuits (with appropriate tops), and appropriate footwear, which does not include cocktail shoes or sandals or athletic shoes."

I think my favorite part of the rule is that the attire for women is specifically described as "conservative."  For some reason, men need not dress "conservatively".  Presumably 1970's style leisure suits would be perfectly appropriate for men to wear court.

And, one wonders how cold-weather-climate attorneys like myself are expected to handle the issue of boots in the winter.  Boot are most certainly not "appropriate footwear" under the proposed rule.  However, they are an absolute necessity when you have to walk a few blocks to court in the middle of an Upstate NY winter. 

When I was an Assistant Public Defender, I would drag my 60 files behind me in a box on a luggage trolley through sidewalks covered with snow, wearing boots and carrying a bag with my heels inside of it.  I'd then change my footwear prior to court, but was lucky enough to have a place to store it, since I was essentially a fixture in the courtroom

Things were more difficult once I began working at a law firm.  I attended court only occasionally, and would have to change my shoes before entering the courtroom.  I always had a difficult time figuring out where to leave my boots, since there was no place set aside for that purpose.  Sometimes I'd just carry them inside the courtroom and leave them, wet and covered with salt from the streets, at my seat.

Men had the luxury of slipping "rubbers" over their (flat) shoes.  Many of them wore the unattractive foot coverings into court as well, and I never heard any complaints about that particular practice.

Meanwhile, the ABA Journal blog recently discussed the issue of dress codes for lawyers as well, and referenced this Wall Street Journal article:  Bare-Legged Ladies: Hosiery Reveals Office Divide.

I think that most women would agree that, in general, nylons are ridiculously uncomfortable.  And,  Nylons in 90 degree, humid weather are downright torture.   Lined pantsuits in the summer are even worse.  The only bearable option is a skirt without nylons.

Nylons are simply not an option in the summer.  Period. 

So, I would respectfully suggest, my fellow lawyers, that you take your dress code and implement it in a jurisdiction where the sun don't shine (and the snow don't fall). 

 

Comments

[EmilyT]

"So, I would respectfully suggest, my fellow lawyers, that you take your dress code and implement it in a jurisdiction where the sun don't shine (and the snow don't fall)."

Finally, a voice of reason! Thank you!

[Susan Cartier Liebel]

I NEVER wore stockings when in court...rarely wore a skirt and if anyone ever challenged me on my dress code I would have asked the judge if he or she is here to listen to my arguments or stare at my legs?

I believe in proper decorum in the court room which includes appropriate business dress. But that is where I would leave it...to the discretion of the individuals as to what is appropriate. Unless a lawyer shows up in a tank top and hot pants then it's no one's business to dictate.

Is it appropriate to wear beach flip flops to court? No more so than it is to wear snow boots to the beach.

If it's egregious, colleagues will take care of each other.

[Dee]

The good ole dress code for female lawyers again. When will it stop?

Toe cleavage my foot! Someone should strip nude in protest.

[LawyerChick]

Brava! Do these lawyers have nothing better to do than comment on what others are wearing??

[Carolyn Elefant]

After this election cycle, I think we may have less to worry about. First, Hilary Clinton made it acceptable to wear pantsuits everywhere, and now Michelle Obama, Barack's corporate wife, doesn't wear stockings. If it's alright for them, then it's fine for the rest of us!

[Carolyn Elefant]

After this election cycle, I think we may have less to worry about. First, Hilary Clinton made it acceptable to wear pantsuits everywhere, and now Michelle Obama, Barack's corporate wife, doesn't wear stockings. If it's alright for them, then it's fine for the rest of us!

[SCLadyLawyer]

Do these litigators not have a mass tort do handle? I work in the south were conservative dress is taken to the nth degree. One job required that I wear stockings. In retaliation I wore fishnets EVERY DAY! Give us a break! We are doctorates for heavens sake! Hand holding about dress is to say the least patronizing. And if somehow my toe cleavage disrupts the courtroom, these sexually frustrated men are the problem, NOT my feet!

[lady]

I agree. The image you present speaks louder than the words that you speak.

Women should model after what men wear but accentuate it by wearing fitted clothing that lines your curves. toe clevage, and boob clevage says that you bought the wrong size of clothe. It is too small a shoe or a too small a top.

You do want to come across as "competent."

[Louise]

I was searching something else and came upon this. I know this is a tad after the fact, but you might be interested in the background. I'm a 3L and work as a law clerk with some of the judges in Memphis who were active in the dress code stuff. It was all primarily in response to people wearing ridiculous things to court (one strap wrap dress w/ no bra, silver rhinestone strappy heels, capris, mini skirts, deeeeep v-neck shirts, jean dresses, etc etc). The association of women attorneys got together and discussed what is currently appropriate. The toe cleavage was just a discussion and not a concern. I'm not exactly sure what was decided, but i think the term "conservative" was meant to indicate something that would cover major (breast) cleavage or that would not be found on strippers in a club. Some of the attys in the south are very traditional and dress as attys have always dressed, but some missed the memo on appropriate attire and need some instruction.
I will note, however, that I have been told by attorneys that at job interviews in the south I should wear a skirt suit and heels, b/c it might offend the older, more traditional partners if I wore a pant suit. That is pretty silly.

[lindaterbush]

ARE YOU KIDDING ME? Anyone doing their job in a courtroom most certainly should NOT be looking at a womans feet! If they are so diverted by "toe-cleavage" maybe they need to get out of the courtroom and either get therapy or take a job in a porno-shop where they will be more comfortable with their own kind and not be embarassed by their obvious erection.