A Brief History of Legal Dress in England

Thursday, November 19, 2009
By Kyle

You may be interested to know that up until recently, lawyers and judges in England wore wigs to court. The first rules governing judicial dress were formally prescribed in 1635 under the Judges’ Rules. According to the Judges’ Rules, an appropriately dressed judge of this time would have worn a black robe faced with miniver (light colored fur) in the winter, and violet or scarlet robes, faced with shot-pink taffeta, in summer. A black girdle, or cincture, was worn with all roves. These rules are the basis for all subsequent judicial dress, though interestingly did not require wigs.

Wigs first became part of English dress in the 17th century during the reign of King Charles II (1660-1685), who introduced wigs into “polite society.” Prior to this, hair in the legal profession was mostly natural. Lawyers and judges alike were expected to appear in court with clean and short hair and beards. Wigs were gradually introduced into the courtroom as an overflow from the streets and lawyers were the first to wear them. The judiciary took some convincing and did not fully adopt the wig until 1685, as historic portraits prior to this time depict judges sans wig.

From 1685-1780′s judges wore only full-bottomed wigs. In the 1780′s a more casual, smaller, bob-wig, with frizzed sides (rather than curls), and a short tail, or queue at the back was adopted for civil trials. Full-bottomed wigs were still won for criminal trials and ceremonial dress.

When wigs fell out of favor with the public, during the reign of George III (1760-1820) several professions retained this look including bishops, coachmen and legal professionals.

Bishops were allowed to stop wearing wigs sometime in the 1830′s.

Lawyers and judges continued wearing wigs until court dress reform, which took effect October 1, 2008. Prior to this time, the type of dress a legal practioner wore, depended on his or her status, though often changed with the court system. The major changes being in 1873-5 with the absorbtion of the courts of Chancery, Admirality, Probate and matrimonial Causes into the High Court; 1846 with the creation of the county courts, 1971 with the creation of the Crown Court, and the Court of Criminal Appeal founded in 1908 transforming into the Court of Appeal (criminal division) in 2966. Attire for judges presiding over cases at the Central Criminal Court, commonly known as the Old Bailey, have been least susceptible to a change in dress, even today.

For a more elaborate history of legal dress, click here to see a publication for Ede & Ravenscroft - London’s premier legal outfitters.

Today, wigs are only worn by High Court and Circuit judges presiding over criminal trials or for ceremonial purposes. Lawyers wear a suit underneath a black gown, no wig. Below is a rundown of thee fundamental categories of legal dress:

Advocates (lawyers):

    Queen’s Counsel – a senior practising barrister appointed by the Queen on the advice of the Lord Chancellor. No further examination is required to become a Queen’s Counsel. QC’s comprise of about 10% of the practising bar and is the highest distinction for Barristers.

    Barrister - a consultant offering specialized services as an advocate and an adviser in all matters involving litigation and the practice of the courts. Barristers do not deal directly with members of the public. Rather, they are contracted by a solicitor for certain services and/or advice. Barristers can advise solicitors on certain issues, or appear in court on behalf of a solicitor when the solicitor is otherwise unable to appear for them self.

    Solicitor – what we most commonly associate with a typical American attorney. Solicitors are the first point of contact for individuals or organisations seeking legal advice and he may be called upon to deal with a wide vareity of legal problems. Click Here, to see an information pamphlet on becoming a solicitor.

    Me, rockin' traditional solicitor gear before wigs went out of style

    Me, rockin' traditional solicitor gear before wigs went out of style

High Court Judge

High Court Judge Attire

New High Court Judge Attire, Courtesy of Judiciary of England and Whales

High Court Judge Wig

Traditional High Court Judge Ceremonial Attire

Circuit Judge

Circuit Judge Attire, Courtesy of Judiciary of England and Whales

Circuit Judge Attire, Courtesy of Judiciary of England and Whales

Traditional Circuit Judge Attire

Traditional Circuit Judge Attire

District Judge

District Judge Attire, Courtesy of Judiciary of England and Whales

District Judge Attire, Courtesy of Judiciary of England and Whales

District Judge Attire, Courtesy of Judiciary of England and Whales

District Judge Attire, Courtesy of Judiciary of England and Whales

There are further distinctions, but this should give you a good idea of what legal professionals look like in English court today.
Sources:
http://www.edeandravenscroft.co.uk/
http://www.judiciary.gov.uk/
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