However, considering the legal industry’s conservative and traditional image, a pressing question has emerged: can lawyers have tattoos without conflicting with the professional’s traditional expectations?

To delve deeper into this topic, Lawyers Weekly sought insights from two senior practitioners: Michael Byrnes, a workplace relations partner from Sydney-based SME law firm Swaab, and Michelle Dawson, the managing principal of Emplawyer and the winner of the employment category at Lawyers Weekly’s Partner of the Year Awards in 2023.

How do attitudes towards tattoos in the legal profession compare to other professions?

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When asked whether the legal profession and other professions hold similar attitudes towards tattoos, both respondents explained how the conservative nature of the legal field allows for such a comparison.

Both respondents highlighted that the legal profession’s conservative nature permits a comparison with other occupations and industries in terms of attitudes toward tattoos.

Byrnes said: “Attitudes towards tattoos in the legal profession, broadly speaking, tend to the more conservative end of the spectrum compared to many other vocations and professions.”

He noted that in the hospitality and creative arts industry, “tattoos are widely accepted and embraced. They are seen as an important form of self-expression and can be prevalent among workers (particularly younger workers) in those industries.”

Dawson shared similar views: “There are certainly other sectors (such as certain creative or hospitality spaces) where it would perhaps even be advantageous for workers to be tattooed, particularly where they are appealing specifically to a younger demographic.”

Are tattoos gaining acceptance in legal workplaces?

While Dawson expresses that it is “rare” to see visible tattoos among legal professionals, she highlights the significant evolution in public perceptions regarding tattoos.

Byrnes said: “There are a range of different environments and contexts in which lawyers work, but, as a very general proposition, they are becoming more accepted in legal workplaces, as they are in workplaces and society generally.”

He continued: “Tattoos are generally not a problem in legal workplaces as long as they are covered. Even in a relatively conservative profession such as the law, we have largely moved beyond the days of drawing negative inferences about people because they have tattoos, which was known to happen in the past.”

However, despite this progress, Byrnes emphasised that some clients still harbour a negative “stigma” towards tattoos.

“Issues with tattoos can arise from client reactions, particularly in private practice. Older or more conservative private clients, in particular, may still attach a stigma to having a tattoo. Of course, clients have all sorts of reasons for drawing a negative conclusion about their lawyer, sometimes rational, many times not.

“As such, legal employers may be wary of visible tattoos, not necessarily because they have a personal objection to them, but because they apprehend some clients might be put off by them,” Byrnes said.

Do legal professionals face legislative constraints regarding tattoos?

Currently, Australia has no specific legal principles or constraints regarding lawyers with tattoos.

Byrnes elaborated on this by stating: “In almost all states and territories, there is no legal protection against discrimination on the basis of a person having tattoos.”

As a result, he outlined, “if an employer has a no tattoo policy, then that will, subject to certain exceptions, not constitute a breach of discrimination law”.

However, Byrnes emphasised that there are two notable exceptions to the general rule.

“First, there is a prohibition against discrimination on the basis of physical features in Victoria and the ACT. This prohibition is generally considered to include tattoos,” Byrnes said.

“Second, if a tattoo has cultural significance for members of a particular race or religion, then discriminating against an employee who wears that tattoo as an incident of their race or religion may give rise to a breach of anti-discrimination laws in jurisdictions where race or religion (including religious belief or religious activity) are protected attributes.

“One example that comes to mind is the Maori moko, which reflects heritage and genealogy, as worn by a former New Zealand foreign affairs minister.”

Dawson provided further insights into Victoria’s laws protecting employees with tattoos.

“Victoria, under the Equal Opportunity Act 2010 (VIC), physical appearance is a protected attribute and therefore Victorian employers, in particular, banning tattoos could likely amount to unlawful discrimination at a state level,” Dawson said.

How can the legal profession show their acceptance of tattoos into the legal profession?

As the legal profession evolves and becomes more accepting of lawyers with tattoos, are there specific measures law firms can implement to demonstrate this acceptance to their employees?

Dawson said: “Law practices and firms to perhaps have workplace policies, including dress/uniform codes, reviewed by an employment lawyer (perhaps especially if in Victoria).”

Byrnes proposed a shift in perspective towards tattoos, advocating for embracing them rather than viewing them negatively.

“Of course, rather than seeing tattoos as a negative, it may well be in many settings they could be seen as a positive, reflecting a lawyer who is less stuffy, more creative and contemporary in attitude and outlook,” he said.

Byrnes also outlined how some clients may “appreciate” a lawyer who has tattoos, saying: “While some clients might be opposed to tattoos, there are many others (including in corporate work) who have tattoos of their own and appreciate ink on others, not just for the aesthetic but also for the progressive mindset it arguably reflects.”