The rise of wig-wearing dates back to the mid-17th Century when male aristocrats starting wearing them to cover their balding scalps that were deemed a symptom of syphilis or even the presence of lice.[12] Gradually, this trickled into the courts to signify that barristers also constituted a part of the middle class. Turn to today, and the tradition continues in criminal cases and discretionally, in some civil proceedings. The reasons behind it are cited as signifying the supremacy of the law, bringing a sense of solemnity to proceedings, and uniformity to the profession. But does the age-old tradition really bring a sense of solemnity or do barristers simply look ridiculous? Does it bring a sense of uniformity or is it exclusionary and culturally insensitive? Perhaps there are better ways to signify the supremacy of the law.
After having asked the Bar Council what would happen if he declined to wear his wig, Barrister Michael Etienne was told he risked ‘contempt of court’, ‘wasted costs’, and ‘various potential breaches of Code of Conduct unless the instance was discriminatory. The idea that Mr. Etienne restrains his Afro “as a condition of going to work” has been rightly labelled as “culturally insensitive”. As McLaren puts it, “the profession assiduously created exclusivity and distinctiveness by continuing to wear a style of headdress that had dropped out of fashion.”
There is no doubt the wigs are symbolic. In many ways, they represent the old, bald Caucasian men who have traditionally dominated the Bar. Undoubtedly, the architecture of the courts, the wearing of robes and gowns, and the legalese used by barristers already bring a sense of formality and uniformity to legal proceedings. The Bar needs an inclusive new look. It might sound like an oxymoron, but barristers can still be taken seriously in the courtroom if we allow them to keep their wigs off and let their hair down.
[1] Laurence Dollimore,’ Barrister wigs are ‘culturally insensitive’, Britain’s top black QC claims – after colleague with an afro was ordered to wear one or face disciplinary action’ MailOnline (11th February 2022).
[2] Laurie Dove ‘Why Do British Lawyers Still Wear Wigs?’ HowStuffWorks (18th October 2021).
[3] Laura Duckett, ‘Why Do Barristers Wear Wigs In The UK?’ TheLawyerPortal (4th February 2022).
[4] Laura Duckett, ‘Why Do Barristers Wear Wigs In The UK?’ TheLawyerPortal (4th February 2022).
[5] Laura Duckett, ‘Why Do Barristers Wear Wigs In The UK?’ TheLawyerPortal (4th February 2022).
[6] Laura Duckett, ‘Why Do Barristers Wear Wigs In The UK?’ TheLawyerPortal (4th February 2022).
[7] Laura Duckett, ‘Why Do Barristers Wear Wigs In The UK?’ TheLawyerPortal (4th February 2022).
[8] Laurence Dollimore,’ Barrister wigs are ‘culturally insensitive’, Britain’s top black QC claims – after colleague with an afro was ordered to wear one or face disciplinary action’ MailOnline (11th February 2022).
[9] Laurence Dollimore,’ Barrister wigs are ‘culturally insensitive’, Britain’s top black QC claims – after colleague with an afro was ordered to wear one or face disciplinary action’ MailOnline (11th February 2022).
[10] Laurence Dollimore,’ Barrister wigs are ‘culturally insensitive’, Britain’s top black QC claims – after colleague with an afro was ordered to wear one or face disciplinary action’ MailOnline (11th February 2022).
[11] James G. McLaren (1999) A brief history of wigs in the legal profession, International Journal of the Legal Profession, 6:2, 241-250, DOI: 10.1080/09695958.1999.996046
Joy Elson