New York Lawyer
August 14, 2003

Q:
I work for a firm that has a written dress policy that seems unusually strict and out-of-line with firms in the city and also other offices of the same firm.

Specifically, we are business casual, but we are not allowed to wear dressy sandals or mules. However, almost all of the women associates (and staff) in our office frequently wear both, especially in the summer.

As a first-year associate, I feel like I shouldn't violate the written policy, but I feel that wearing dress shoes without socks is uncomfortable, and it is too hot to wear pantyhose in the summer (and no one else in my office does it, so why should I?). Plus, I feel that some of these shoes can still look professional, especially with a conservative outfit, even more so than the 4-inch stilettos that we are allowed to wear (and some women do that as well).

Would I be jeopardizing anything by violating the policy? How senior do I have to be to request that our partners (all male) consider changing the dress code, at least for the summer?

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A:

While this is a seemingly minor question, it brings up some interesting issues about dress codes, consistent rule enforcement and how rules get made.

Although dress codes for the summer vary geographically to some extent, most law firms (and other organizations) learned from the late 90's anything-goes trend that too much casual dress quickly gets sloppy. There are a lot of people willing to take advantage of lax dress codes; they can look like they slept on a park bench. It's great not to have to get dressed up all the time, especially if you're not seeing clients or are buried in the library, but having women walking around looking like they're about to go clubbing, and men like they've just rolled out of bed, clashes with the tony image of firms. (Clients think: "I'm paying you $300 an hour??")

Many people are able to work perfectly well dressed in a casual manner. I don't buy the canard that "if you're dressed professionally you'll act professionally," especially in this day and age when lots of people do terrific work in their pj's at the home computer. However, it doesn't look reassuring to clients. I do buy the canard that "if you're dressed professionally you'll be treated professionally." Clients want to feel that their lawyer is taking their problem seriously; polo shirts and halter tops don't project gravity. You need to reassure your clients and the partners, for that matter, that you're a worthy lawyer. So I think it's perfectly appropriate that firms have clear guidelines about what works and what doesn't - e.g., short-sleeved blouses are okay, spaghetti straps forget it.

Your question, though, is about a "rule" that doesn't get enforced, and while you'd like to join in the flouting, you feel a little uneasy. That's what often happens with unenforced rules; they make people uncomfortable because they might at some point be enforced selectively. In other words, the "rules" can get unearthed when the partners are gunning for someone.

It sounds to me like this is a small enough issue, and ignored enough by others, that you can probably get away with joining the rule breakers. If in doubt, however, or if you feel self-conscious, go conservative; you can't go wrong, and soon enough you'll get the lay of the land to the point where you'll know where the rules can be bent safely. Also, look around and observe the people whom the firm respects and who are advancing. If they are not part of the "rule-breaking" gang, and you would like to get ahead, perhaps heed their example and stick with the dress code. While it can seem superficial, how you look is tied up with how partners and others regard and respect you. Remember that while your firm may be different from other firms in this respect, and perhaps out of step, so to speak, every firm has its quirks. If you want to be part of this firm and succeed, you basically have to take it the way you find it.

As to influencing the rules, you need to be around for longer to opine about firm management, I think; it's a little cheeky to question policy when you've just arrived. Eventually you will feel comfortable enough with a partner you've worked with, whose respect you will have earned, to point out that the dress code seems to vary person to person, and to suggest changes or greater consistency.

Sincerely,
Holly English
Principal Consultant, Values at Work