My story.

When I was retained, I had a discussion with my client regarding his appearance. I told him that there were only a few times he would need to appear in the presence of the opposing party and opposing counsel: the client’s deposition, mediation, trial, and perhaps the depositions of the opposing party and any witnesses. I further explained that these times provide the opposing side the opportunity to size him up should the case proceed to trial.

My client, a male, wore big, gaudy and faux diamond earrings at our initial meeting. They were obviously zircons. I suggested to him that he should not wear them at the appearances. He understood and agreed. I also told him that he should dress appropriately at the appearances. I told him a tie and jacket were not necessary and we would discuss the clothes he was to wear at trial should one occur.

Needless to say he dressed appropriately at deposition and I made no comment. He showed up at mediation in a t-shirt, shorts, sneakers without socks and a week’s growth of beard which did not exist because he was growing it in but because he had been too lazy to shave. And, needless to say, the faux earrings.

It was too late to send him home to change. I remarked to him about his attire being inappropriate. He promptly responded that I had never told him and I reminded him about our discussion concerning the earrings. To my chagrin he then went to the restroom and returned sans earrings and rhetorically questioned whether he then looked better.

The moral of the story is that you should never take it for granted that your client understands what dressing and grooming appropriately means. A few short minutes discussing this along with ascertaining from your client what he intends to wear can avoid a possible problem.