I want to share some thoughts about court attire for virtual hearings. I'm no authority on the subject--not sure anyone is at this point. But lawyers are going to need to figure out what to wear in virtual hearings. Let's talk about it.

Let me say right off the bat: I'm going to focus on what men should wear because (a) I don't know much about women's business attire, and more importantly (b) I don't think it's for men to tell women what to wear.

My argument here is that business attire for virtual hearings is different than business attire in traditional court. You might think, "He probably just doesn't like gowns and suits". Not true. Actually I kind of love them. But virtual hearings are different...

Chief Justice Morawetz's 2 April notice to the profession suspended the requirement to gown for an appearance in Superior Court of Justice, saying instead that counsel and parties are expected to dress in "appropriate business attire".

(Good thing, since my gown and tabs are hanging in my locker in the barrister's lounge of the Ottawa law courts...)

So what is "appropriate business attire"? If you're a lawyer going to court right now, in spite of covid-19, I assume it means suits and ties for men. But what is appropriate business attire for a virtual hearing during the coronavirus crisis?

I can't see how appropriate business attire for a virtual hearing held from your home during a pandemic can be the same as appropriate business attire in ordinary circumstances.

To me it seems silly to put on a suit and tie for a hearing you are conducting over the internet from your home office/basement/kitchen table or wherever you go to hide away from your spouse/kids/pets to attend a virtual hearing.

Not only are suits and ties unnatural in a home setting, they may be impractical during coronavirus. We're all staying at home. For many of us, that means the kids are running around. They may need your attention--even during the hearing.

So what is appropriate business attire when you're appearing in court virtually from your home? Key considerations: (1) respect for the court, your colleagues, your client and the seriousness of what you're doing; (2) remembering you're at home.

Respect for the court and the process means you need to be presentably and somewhat sombrely attired. No matter what the hearing is about, there is a lot at stake for someone. You need to show everyone you take it seriously. I'll be avoiding bright colours and busy patterns.

Remembering you're at home means dressing in a way that works both for your professional duties and your family responsibilities. Virtual hearings are not going to be uninterrupted by spouses, children and pets from time to time. We have to accept that.

Practically, I think appropriate business attire for virtual hearings in a pandemic is what we sometimes call "business casual". For men I think that means collared shirts (but not golf shirts) with either a blazer or a sweater.

(There's an absurdity to all this that I want to acknowledge, btw. Our taboos about dress are ultimately artificial, culture-specific, changeable over time, and probably laden with biases. But we have to give some meaning to "appropriate business attire" so...)

As for pants: you think no one will see them in a virtual hearing, right? Well, maybe. But you might need to go get something. Or your kid might have some kid disaster you have to attend to right away. Don't assume you won't have to get up. You might. So wear appropriate pants.

Another thing I'd suggest is conferring with your colleagues about dress before the hearing. If they insist on suits and ties, maybe you'll want to do the same. And if you all agree not to wear suits and ties, the judge will hopefully be more accepting of that.

Finally: it's not for any of us to tell the judges what to wear. But they are likely to be working from home, too. If they opt for business casual, we'll all be free to follow their lead. I hope they do.