Jackson Free Press

All you great legal minds out there might want to chew on this New York Times story a bit. It discusses the debate among lawyers about why law firms are having trouble retaining black attorneys and why so few are making partner. Talk among yourselves:

Thanks to vigorous recruiting and pressure from corporate clients, black lawyers are well represented now among new associates at the nation's most prestigious law firms. But they remain far less likely to stay at the firms or to make partner than their white counterparts. A recent study says grades help explain the gap. To ensure diversity among new associates, the study found, elite law firms hire minority lawyers with, on average, much lower grades than white ones. That may, the study says, set them up to fail.

The study, which was prepared by Richard H. Sander, a law professor at the University of California, Los Angeles, and was published in The North Carolina Law Review in July, has given rise to fierce and growing criticism in law review articles and in the legal press. In an opinion article in The National Law Journal this month, for instance, R. Bruce McClean, the chairman of Akin Gump Strauss Hauer & Feld, a major law firm, took issue with the study's "sweeping conclusions" but not its "detailed data analysis."

James E. Coleman Jr., the first black lawyer to make partner at Wilmer Cutler & Pickering, a prestigious Washington law firm now known as WilmerHale, said Professor Sander was overemphasizing grades at the expense of other qualities like writing skills, temperament and the ability to analyze complex problems.

"I don't think you can do what he is trying to do, which is to use purely objective data to explain what is happening in law firms," said Professor Coleman, who now teaches law at Duke and is a co-author of a response to Professor Sander called "Is It Really All About the Grades?"

Achieving racial diversity at all levels is an urgent issue, law firms say, but they acknowledge that gains among new associates disappear by the time new partners are elected. "We've seen stagnation and even decline when it comes to race," said Meredith Moore, the director of the New York City Bar Association's diversity office.

Full article here.

Previous Comments

ID

108602

Comment

There aren't very many women making partner either, if I remember my data right. It all boils down, I think, to institutional racism and sexism and the effects it has on people in the workforce. I mean, when you think about how someone makes partner--and I'm guessing here, because I'm a non-attorney--a large part of it boils down to social climbing skills. I know there are damn few financially successful writers of color, percentage-wise, and I'm sure it's for the same reason: I got my first gig through knowing the right people, but you also have to know how to promote yourself the "right" way in your query letters and proposals and so forth, and most folks in black culture are all too often not taught how to compete on equal terms with whites, how to come across as more qualified and more competent and beat out whites for these positions. It is very easy for a less qualified white to look more qualified simply because of effective self-promotional skills that are part of white culture. And effective self-promotion will be the next generation's Jim Crow, I believe, because white kids--especially upper income white kids, which lawyers tend to be--are taught how to spin stuff from day one. How to close the gap? Well, for starters, I think public high schools and HBCUs should teach classes on self-promotion, and not just obligatory rote classes--I mean really rigorous classes headed up by people with marketing skills. Any black kids who don't already know should learn how to write a good resumé by age 16. Learn how to sum up their qualifications in a way that sounds devastatingly effective. Learn which qualifications to leave out. There are some WONDERFUL black artists in this community who are not getting national exposure, I believe, simply because their PR stinks--I mean, men in their forties who list the fact that they won a 6th grade spelling bee as a top item in the bio, stuff like that. I don't believe the main problem here is that whites are going "Oh, he's black, we won't promote him to partner," though I'm sure some of that is still going on. I believe the bigger problem here is that the folks running our school system are going "Oh, he's black, we don't need to show him how to write a killer resumé," and that's what's hurting these lawyers and these aspiring writers and so many other people in the black community. Cheers, TH

Author

Tom Head

Date

2006-11-29T15:27:21-06:00

ID

108603

Comment

(Sigh) Unfortunately it's a problem that's not just limited to law firms, which is how many black-owned businesses get started, because we get tired of the glass ceiling prevalent in certain professions and decide to go out on our own.

Author

Jeff Lucas

Date

2006-11-29T16:24:42-06:00

ID

108604

Comment

I'm currently reading Deborah Tannen's book about gender differences in speech, Tom. She argues that a lot of the glass ceiling is a result of different ways of communication—which translates across ethnic and geographic backgrounds as well. Face it: White men have their own language. ;-) Seriously, in graduate school, I certainly saw it. One of my professors, who should have been the best one (and did teach me more about writing than any one else ever did) clearly had a blind spot when it came to communicating with non-white (and non-Northeastern) students. He probably lost as many students as he helped because he hadn't thought through how to communicate with different kinds of students. Sad, really.

Author

DonnaLadd

Date

2006-11-29T16:29:32-06:00

ID

108605

Comment

ejeff, it's also true in the journalism world, race and gender-wise. One thing that worries me is that too many in my business seem to be ceding the diversity issue, especially on the content side. It's a personal goal of mine to try to change that.

Author

DonnaLadd

Date

2006-11-29T16:32:06-06:00

ID

108606

Comment

This surely is an interesting column. I wasn't personally ever interested in working in such enviroment before or during my law school years. I suspect had I had such goals I would have worked harder in undergrraduate school so I could get into a famous law school, which also means I would have had to overcome many of the educational deficiencies my upbringing didn't provide. This is possible. People do it all the time. I believe to make partner a black person has to be truly remarkable, exceptional and unblemished to overcome the race factor. After law school I wounded up through connections working in a legal enviroment with only white lawyers (State Farm in Houston) until Thomas, Roger came along. I was the only one who attended and graduated from a black law school (an unstated but duly felt disadvantage), but all of us went to black colleges for undergraduate work. Thomas to Morehouse, Roger to Texas Southern, and I to Tougaloo. My favorite story involving this occurred when Thomas and I went to take a deposition. Surely, it was the first time two black lawyers for that company were entrusted to do so. Thomas was lead lawyer and objected to the opposing lawyer asking a question. Thomas objected about 4 times but the white lawyer acted as if he didn't hear him. Suddenly, Thomas jumped to his feet and said "if you ask that question one more time I will jump this desk and whip your ass." The other lawyer said "be here when I return and ran to the back." I wanted to leave but Thomas said "let's stand our ground." Five or ten minutes later the lawyer returned, resumed the deposition, and never asked the question again. On the way back to the office we started to wonder whether we had set black lawyers back 20 more years. In fact Thomas asked me, "do you think they're going to fire us?" I said "what you mean us?" Nothing bas happened to us as a result of that. We both resigned years later. Anyway, I agree with Tom to a large extent. Roger Gibbs who was 2 years ahead of me at Tougaloo is a partner in Bruninni. So too is Reuben Anderson. Both may have gone in as partners. I imagine to succeed in becoming a partner you have to be exceptionally good in your field, even indispensable, if possible. I'm well aware that only a few blacks make partner. I'm in no way saying white law firms don't bear some blame. They bear plenty.

Author

Ray Carter

Date

2006-11-29T16:34:05-06:00

ID

108607

Comment

I meant Robert Gibbs. I get too many distractions while trying to write too much and I make too many errors.

Author

Ray Carter

Date

2006-11-29T16:37:30-06:00

ID

108608

Comment

Anderson is at Phelps along with Fred Banks and another black lawyers from Tupelo who are partners too. I can't recall the last brother's name but he went to my law school. All were well-known judges before going to those firms.

Author

Ray Carter

Date

2006-11-29T16:43:52-06:00

ID

108609

Comment

My best friend in NYC is a partner in an international investment banking firm. He's not only THE black partner- he's the only black ANYTHING. Out of 60 associates, partners, directors- the only black one. But hey- they've got 3 women I think- and none of them are black either. But he's got that Morehouse- HBS pedigree.

Author

urbangypsy

Date

2006-11-29T16:55:17-06:00

ID

108610

Comment

Thomas and I talked about Tougaloo and Morehouse a lot. Our white boss, a Michigan law graduate, told me he could close his eyes and pick either ouf us since we were so similar. However, Thomas told me at Morehouse there was great stress placed on getting out in the world and competing to run corporations and businesses. At Tougaloo I wasn't told any of this. I was trained to compete and force the system to change, especially Mississippi, where change was needed the most. For a brief moment I questioned whether Tougaloo gave me the proper directions. Later on I learned or felt I had an advantage over Thomas as he was trying to be accepted by the white majority. I wasn't trying to do that, and instead was only trying to do a good job and be respected for my ability. He was frustrated and left angry. I left happy. We both were in the wrong place at the wrong time. Unlike him I wasn't wasting too much of my time with all those good ole boys. Don't get me wrong. I'm very proud of Morehouse graduates. They had worked wonders in capitalistic America despite race. I wish them the best and hope they're happy.

Author

Ray Carter

Date

2006-11-29T17:08:41-06:00

ID

108611

Comment

I meant "they have". I got problems.

Author

Ray Carter

Date

2006-11-29T17:11:39-06:00

ID

108612

Comment

I guess I pointed out the combo pedigree- very well known HBCU + very well known Ivy league to say the same thing you're saying Ray. But to be fair- all the good ole boys in his firm come from Ivy League backgrounds. and I've very proud of my Morehouse man too. Not bad for a boy from Memphis. Every time we talk we joke that he still got 'em fooled.

Author

urbangypsy

Date

2006-11-29T17:20:43-06:00

ID

108613

Comment

I totally agree Urbangypsy. One of the things that helped me survive for almost 5 years was a brother I met who ran personnel. He told me about how he was hated at first because he didn't know how to fake it. Once he learned how to fake it his career took off. Growing up in Mississippi and being educated at Tougaloo (where they were trying to de-program us from so much bullshat from high school and society), I headed into the real world willing and ready to work hard and smart and believing that was all that was necessary. I was wrong and corporate America had the hardest time trying to teach me to brown nose and play up to people. I kept saying if I'm going to do that why work so hard. Even after Graig taught me how to fake it, I doubt they ever believed I had sincerely changed or learned the craft of social skills. I doubt I was hiding any of my hate and dissatisfaction well.

Author

Ray Carter

Date

2006-11-29T17:37:37-06:00

ID

108614

Comment

Hi, Donna, This statement: [quote] Face it: White men have their own language. ;-) Seriously, in graduate school, I certainly saw it. One of my professors, who should have been the best one (and did teach me more about writing than any one else ever did) clearly had a blind spot when it came to communicating with non-white (and non-Northeastern) students. He probably lost as many students as he helped because he hadn't thought through how to communicate with different kinds of students. Sad, really. [/quote] interests me. Would you mind expanding on it? As a white man, I've never been aware of having a separate language.

Author

lucdix

Date

2006-11-29T17:53:06-06:00

ID

108615

Comment

I agree Ray- after reading your responses on JFP- I don't think you'd be a very believable corporate faker. Nick works very hard but has to do the corporate schoomizing thing too. He looks at it like life-long study though- taking wine and art classes not just to talk the talk but found he really liked it. He believes he can make changes to people's points of view on race from the inside out. And if he doesn't, he's still doing what he wants and making enough money to be able to leave when he gets fed up. The worst part for him was having to shave off his signature goatee to get his foot in the door. I'm more of an anti-establishment girl myself...

Author

urbangypsy

Date

2006-11-29T17:58:36-06:00

ID

108616

Comment

well............lets go back to the law school level, something I do know something about. When I went to MC Law school, they had a big push for diversity. However, as there were few minority students who had 3.5 GPA's, high LSAT scores, etc from college that were NOT picked up by the "better" law schools such as Tulane, Vanderbilt, and others, the academic level of the students was lower. big surprise that almost all of them wound up on probation during or after the first year. In the class ahead of me, of the 5 Black students that took the bar, 4 of them failed it although one of them did pass the multistate section but had to retake the Mississippi section. Most of the ones in my class graduated near the bottom of the class. What does this have to do with the lack of minority partners in firms? Everything. If you do not have the GPA to get on the law review, you are pretty much shut out of applying for clerkships and associate jobs at major law firms. Most of the time what they are looking at is GPA. and were you on law review. Having said that, I realize that just applies locally to MC Law School. As there are minority law students at prestigious law schools with good GPA's, I'm curious as to how they fare in their careers. I just thought I would throw in my personal observations and ask what is the academic background and performance of them in law school. If they are like what I related when I was at MC, then I can understand why the numbers seem a little skewed. If they are pretty strong backgrounds, then I would look at the hiring practices of the law firms and corporations hiring legal counsel.

Author

Kingfish

Date

2006-12-03T13:24:35-06:00