February 2004

Dress for success in court

by Timothy Feuling

Preparing for a court appearance in a malpractice lawsuit can be a time‑consuming and difficult procedure. You need to gather all your patient reports, confer with your attorney and your insurance company representatives, compile material and documentation proving your innocence, and do a hundred other things that can ensure your success in front of a judge or jury.

Figuring out which suit or dress to wear probably doesn't seem to be one of the more important tasks to worry about. After all, the facts (hopefully) will speak for themselves and you'll have no trouble convincing the jury that you acted properly and in the best interest of the patient.

Unfortunately, neglecting the way you dress in court can be a costly mistake.

Harvey A. Moore, Ph.D., Daniel C. Johnson, Esq., and Brad D. Brian, Esq. state in a paper presented at the American Bar Association Annual Meeting, that "Dress, grooming, as well as behavior in the courtroom, are as important as style and content of testimony."

This may be disheartening, but it's true. Appearances count, perhaps far more than they should, but the savvy doctor can make this work to his or her benefit by coming to court dressed properly. Keep in mind the purpose isn't to impress the jury, but to convey an image of professionalism, responsibility, credibility and compassion.

That's a lot to ask of a mere set of clothes, but you can start by wearing a conservative business suit of blue, brown, or gray. Since women are often more critically scrutinized, they should be particularly careful to dress professionally. Despite what viewers of Ally McBeal might have been led to believe, miniskirts are not appropriate courtroom attire.

"Dress as you do when you visit your house of worship," advises Gillian Abramson, former malpractice defense attorney who later served as associate justice of the New Hampshire Superior Court.

Although you want to look successful and reputable, you should avoid showy jewelry and expensive watches. As the Physicians Law Review explains, "The stereotype of the rich, status‑conscious doctor may be unwarranted, but it exists nonetheless. Don't give the opposition an opportunity to apply it to you."

Don't go overboard on the other direction, though. Too‑casual attire might be misinterpreted by a jury as a lax or careless attitude.

In an article published in Physicians Financial News, Justice Abramson recalled a physician in a rural community who wore a lumberjack shirt to court. "The physician went overboard in trying to look like a 'regular guy,'" she said. "Instead, he came off looking like a slob."

The "rules" for dressing for courtroom success can also be applied to any public appearance dealing with legal matters, such as a deposition or a board hearing. We may not like to admit it, but Charles A. Bertrand may have been right when he said that "Malpractice trials are more theater than law." If that is, indeed, the case, we have to make sure we wear the costume that works best for the role of defendant.

SOURCES: "The Trial is 30 Days Away: Surrogate Jurors and Witness Preparation," by Harvey A. Moore, Ph.D., Daniel C. Johnson, Esq., and Brad D. Brian, Esq.. A paper presented at the American Bar Association Annual Meeting, April 17, 1997.

"Be Prepared Before Testifying," by Bob Feigenbaum, Physicians Financial News17(14):s16,s20 1999.

"Physicians Law Review," published by the Sullivan Group.

"Malpractice trials are more theater than law," by Charles A. Bertrand, Medical Economics, May 10, 1999.

(Timothy J. Feuling is president of Chiropractic Benefit Services (CBS) and a member of the Board of Directors of the World Chiropractic Alliance. He assists doctors in maximizing their practices through the proper choice of insurance and related services. Doctors may contact him with questions, comments, and requests for insurance quotes at 2950 N. Dobson Rd. Ste. 1, Chandler, AZ 85224, by phone at 800‑883‑0412 or by e‑mail: feuling@cbsmalpractice.com).