The point is this might work for a surgeon but does not for an attorney. There are enough jurors who would be strongly biased against anyone arguing before them with purple hair and tattoos that it's exceedingly unlikely anyone with such an appearance ever could rise to the top of his field.
This would also be true in e.g. M&A. Even if Cravath's fieriest new partner looked like that I'd hesitate to hire him. Patent law might be an exception, but if I needed to actually go to court, WilmerHale's top guy would still be a liability. Even in a bench trial the judge could see it as disrespectful or look down on my representation because of it. You see my meaning here?
On the table, the surgeon's appearance has little or nothing to do with his ability; in court, a lawyer's appearance can be crucial.
The best lawyer is one that will convince the jury of your innocence. Courts recognize that having defendants appear in prison jumpsuits is prejudicial and can bias a jury [1]. Good lawyers understand and shape optics to help their legal arguments. I know that we all have unconscious biases that affect our judgement. While I think we should build systems that are better at removing those biases and allowing different types of people be successful, I am not going to risk going to jail to make some sort of point. I am going to use every tool at my disposal to make my case. If cutting my hair or shaving my beard or wearing a certain color tie is likely to help, I’m going to do all that. I’m also going to have a lawyer that does that as well, including no crazy purple hair or face tattoos.
Your surgeon paradox says that if someone is successful despite not looking the part, they must be all the better. But are there lawyers with face tattoos or crazy hair that are considered successful in high stakes criminal law in front of juries? For corporate or patent or tax law, that is so much about a deep intimate understanding of hundreds of thousands of pages of ultra specific “loopholes” and optimization strategies, I would not be surprised if there were lawyers who look very alternative. But criminal law lives and dies on persuading people who are not legal experts.
