While witnesses’ verbal and non-verbal behaviors affect their credibility, another factor in juror’s perceptions of them is their appearance. Witnesses often ask us, “What should I wear when I testify in court?” Of course it is important to remember that a courtroom is a very conservative arena; therefore, our golden rule for witness attire is: “If you aren’t comfortable wearing it to a religious ceremony, then you shouldn’t be wearing it in the courtroom.” Witnesses should choose attire that shows respect for the judge and the court proceedings keeping in mind that the way they dress and present is a direct reflection of their credibility. A witness’ appearance and manner should never distract the judge or jury from careful consideration of their testimony.
For all witnesses, the goal is to look professional, dressing appropriately for their position in the company or community. The goal is not for a witness to be noticed because of her outfit, but for the value of her testimony. Because jurors tend to perceive witnesses they identify with more favorably, another goal is for the witness to select clothing and accessories that do not “distance” her from the jury. In other words, a witness doesn’t want to make herself seem different from the jurors simply by her appearance. For example, by wearing expensive jewelry or a designer suit, both of which would likely be beyond the means of most jurors, a witness risks creating a perception she is “very wealthy.” Thus, she can inadvertently distance herself from the jury. As mentioned previously, a witness should dress appropriately for her role and position (e.g., CEOs should avoid jeans), but steer clear of selecting items that highlight differences between her and the jurors (e.g., expensive jewelry).
Basic “Do’s” and “Don’ts” for Witness Attire:
Do:
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Men:
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Women:
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Don’t:
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Men:
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Women:
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As the well-known saying goes, one never gets a second chance to make a first impression. By following these witness attire guidelines, and keeping in mind jurors’ perceptions of themselves and each witness’ particular role/position, a legal team will optimize their witnesses’ credibility and thereby the believability of their case.
By: Merrie Jo Pitera, Ph.D., CEO
(This article was originally published in the July-August 2012 issue of The Jury Expert)