I have often been asked by laypeople why it is that lawyers entering an appearance in front of our courts have to always be toga-clad unless exceptionally exempted by the presiding judge or magistrate. Not only that, but even the presiding judges have to respect strict formal wear, including a particular type of robe. So what are the origins of the toga, and what is its significance?
Originally, the toga was a wrapped outer garment worn in ancient Rome. Its origin is probably found in the tebenna, a semicircular mantle worn by the Etruscans. The toga was an article of clothing that had stately symbolism, and according to the Roman scholar Marcus Terentius Varro (116-27 BCE), it was the earliest dress of both Roman men and women. Normally made from an oval-shaped piece of material, the toga can have voluminous folds, requiring such skill to drape that, often, a skilled person is engaged for this type of operation. Because the mass of folds prevents active pursuits, the toga can be quite cumbersome. It is usually worn draped over the left shoulder and around the body, and the word "toga" probably derives from tegere, to cover.
The advocate's robe, toga, or gown is supposed to have a piece of triangular cloth attached to the left shoulder that is cut in two lengthways. Its origin is obscure, but there are two theories. The first is that this was once a money bag for brief fees. According to some, it is divided in half to create two segments, one for gold coins and the other for silver. The theory is that since advocates were not openly paid for their work, clients made a payment into the counsels' pockets, literally behind their backs, to preserve their dignity. The idea was that, if advocates could not see how much they were being paid, the quality of their advocacy in court could not be compromised.
The rules of our courts prescribe a dress code for legal practitioners who appear before the court. Such a dress code, like our legal system, finds its origin mainly in the English tradition. The macabre colour of the robe can be traced back to 1685, the year in which Charles II died. The English bar subsequently entered into a period of mourning that lasted longer than expected. Being a lawyer is not merely a vocation. It is a public trust, and each lawyer should have an obligation to give back to society at large.
That is why the dress code should be a symbol of confidence, a symbol of discipline, and a symbol of the profession-a proud part of an individual's personality for a professional. The balance between maintaining the court's decorum and permitting freedom in an individual's lifestyle is best defined in a lawyer's dress code. The professional environment, generally, is marked by a code of dress in terms of colour and style. The dress code is a part of dignity and professionalism, with little exception. The outfit of judges and advocates in judicial robes manifests a mark of dignity and loyalty towards the court and justice. The colour black is not touched by any display of contrasting colours. Apart from the toga, it is standard practice for lawyers practising in any court or tribunal to wear formal clothes, normally consisting of a black, grey, or dark blue suit with a white shirt and a white, black, or grey tie. Fancy colours are not usually permitted in any part of the attire worn by advocates.
Black and white is a symbol of the legal profession throughout the world, barring a few exceptions. Black generally has many different overtones. Like every colour, it has both positive and negative connotations. So, on the one hand, it signifies death, evil, and mystery, while, on the other hand, it signifies strength and authority. However, the main reason for wearing a black toga is that black is the colour of authority and power. Black represents the submission of oneself. Just like priests wear black to show their submission to God, lawyers wear black to show their submission to justice. A black toga lends seriousness to the identity of an advocate and provides a unique visual character to the related professional image. Wearing it creates a sense of discipline among lawyers and gives them a sense of power and a feeling of being upholders of rights and justice. Since the black colour is a symbol of dignity, honour, wisdom, and justice, it represents the values that every lawyer and judge has to keep up with. The toga conveys the message of authority, knowledge, meticulousness, and steadiness.
The colour white signifies light, goodness, innocence, and purity. As any well-organised legal system is the only hope of justice for a common man, the colour white is chosen to represent him. Lawyers for both sides in a lawsuit, the applicant and respondent, wear a similar dress code. The significance of the colour also highlights that the law, or rather, justice, is blind. The scales of justice lean either way on the weight of evidence and not on any other factor, definitely not on any particular attire worn. In criminal proceedings, black means opaque, and, therefore, the sides of the prosecution and defence are presumed to be unknown until they are substantiated by law and evidence.
It is essential that professional dress enable a lawyer to gain the trust and faith of the client, the judges and fellow lawyers, jurors, and society at large. A lawyer is a person who knows the rules of the country. Everybody out there is throwing the dice, playing the game, and moving their pieces around the board, but if there is a problem, the lawyer is the only person who has read the inside of the top of the box. And remember, lawyers are the only people for whom ignorance of the law is not punished!
Dr Mark Said is a lawyer