Once again I have to say “I don’t understand this story at all.“
If you recall “My Cousin Vinny,” as almost all lawyers do (and fondly), Joe Pesci’s fish-out-of-water defense lawyer annoyed imposing Southern judge Fred Gwynn by first appearing in court wearing a leather jacket, and then showing up in the suit above because it was the only one he could acquire at short notice.
At least he tried.
While Ethics Alarms has taken the unalterable position that when children are forced to attend school via Zoom, what may appear in their homes are not, in fact, “in school,” a lawyer who appears before a judge via Zoom is still, in fact, “in court” and before a judge. Why? Because the judge says so, that’s why. And as Vinnie soon learned, when a judge says “Jump!” the only responsible response is “How high, Your Honor?”
Perhaps a Delaware lawyer named Weisbrot has never seen the movie. He complained to Delaware Vice Chancellor Joseph R. Slights III i ex parte “that [the court] would not consider an application from him because he “was not wearing a tie.” The Vice Chancellor responded, “That is true, as the record reflects.” BUT…
What the record also reflects is that Mr. Weisbrot appeared in court for trial (via Zoom) on Tuesday in either a printed tee-shirt or pajamas (it was difficult to discern).
In other words, “It’s true you weren’t wearing a tie, but a greater problem is THAT YOU WERE WEARING FREAKING PAJAMAS!”
Mr. Wiesbrot responded by channeling his inner (and outer) Vinnie by, in his next appearance via Zoom before the same judge, in something less than the kind of attire he had to know the judge expected: