National Affairs: Trousers Shall Be Worn

A lawyer about to make his first argument before the U.S. Supreme Court is apt to feel almost as unfamiliar with the niceties of procedure as if he had been called upon to slay a bull before the onyx-eyed gods of ancient India. Last week, in a speech to members of the California State Bar in San Francisco, Supreme Court Associate Justice Robert H. Jackson offered a few helpful hints on advocacy in the high temple of U.S. law.

“On your first appearance, do not waste your time or ours telling us so. We are likely to discover for ourselves that you are a novice, but will think none the less of you for it . . . Neither disparage yourself nor flatter the justices. We think well enough of ourselves already . . .”

On the big day, “hear nothing but your case, talk nothing but your case.” Leave your client at home and also “the associate who feels constantly impelled to tug at your coattails. Either you will be in control of the litigation or someone else will be in control of your reputation.”

Speak up! The acoustics of the Supreme Court Chamber are “wretched.” But don’t overdo it: “No judge likes to be shouted at as if he were an ox.” He warned his audience that the justices constantly ask questions. He also added a note of comfort: “It is clear proof that the inquiring justice is not asleep.”

Before he closed, Justice Jackson answered the one question which the Supreme Court clerk’s office is most frequently asked: What to wear? Formal dress was once required, but today, either morning dress or a dark business suit is appropriate. “You will not be stopped from arguing if you wear a race-track suit or sport a rainbow necktie. You will just create a first impression that you have strayed in at the wrong bar.”

The marshal’s office still keeps “one or two cutaway coats to lend to counsel in need.” Jackson added: “Apparently, he is expected to be equipped with his own trousers.”