No Shirt, No Tie, No Hearing

During the pandemic, Zoom court exposed more than just arguments. As a Florida judge remarked, “We’ve seen many lawyers in casual shirts and blouses, with no concern for ill-grooming, in bedrooms with the master bed in the background, etc. One male lawyer appeared shirtless and one female attorney appeared still in bed, still under the covers.”

Brazil also moved hearings online during COVID, and many proceedings today are still virtual. But real or remote, Brazilian courtrooms have maintained a strong sense of formality. That point was made clear recently when a lawyer appearing before Brazil’s Superior Court of Justice (STJ) without a tie was politely told he needed to dress appropriately. He was briefly removed from the hearing but allowed back in after he returned wearing proper attire.

In Brazil, a suit and tie isn’t optional; it’s part of the courtroom dress code for men. Brazilian legal institutions place a strong emphasis on tradition and protocol, and that extends to courtroom decorum, even on a screen. Whether appearing in person or via video, lawyers are expected to show respect for the judiciary by dressing appropriately.

This isn’t the first time courtroom formality has come under scrutiny, and it won’t be the last. We recently wrote about a Brazilian judge who joined a hearing as a litigant while playing golf - yes, mid-game, polo shirt and all. Whether you’re standing before a judge or sitting behind a webcam, don’t mistake convenience for casualness. The rules still apply. And yes, wear a tie.