As tough as it is for black American lawyers to rise to the top in law firms, it’s even tougher for their female counterparts/attorneys.
Though black American women have outnumbered the black men in law schools for about two decades, they constitute only a fraction of the already tiny number of black partners at major firms in America: Less than two percent of Big Law partners are black, and 0.56 percent are female and black. Black women are the minority within the minority.
A study of Harvard Law School alums finds black men have a better chance of making partner than black women.
Even the best-credentialed black female lawyers seem to fare poorly. According to a new Harvard Law School study of black alumni, male black alums were more likely to be partners than their female counterparts (of those in private practice, 47.4 percent men versus 28.6 women were partners), and far more likely to have leadership roles (92 percent of all black alums who’ve served as managing partners or department heads have been men).
If these high-credentialed women aren’t making it, what does it mean for African-American female lawyers overall?
“Black women have all the problems of black men plus what white women face,” says Harvard Law School professor David Wilkins, the author of the study about black alums. “What’s not being heard is the intersection of race and gender.” Carolyn Edgar, a 1993 graduate of Harvard Law School, echoes that point. “We are still black and we are still women, and those two forces operate on us differently.” Black men, she adds, “will get sponsorship, mentorship,” provided they’ve passed muster with firm management: “If they’re comfortable enough to keep him, he’s likely to succeed.”
Black American female lawyers say they face a unique blend of racial stereotypes, sexism and disrespect. “You don’t fit in,” says a black female partner of a major firm. “If you’re aggressive, you’re angry; if you’re too quiet, you must be stupid.” She describes situations in which her abilities have been questioned, even by subordinates. “I’ve had a junior associate who questioned whether I was smart enough to manage him.” The attitude shows up in “a certain tone,” this partner says.
That condescension also creeps up in the women’s interactions outside of the firm. A black finance partner at an Am Law 100 firm remembers the patronizing manner of opposing counsel who lectured her during negotiations, “This is just basic law,” the lawyer told her.
The finance partner also cites an exchange with a white male partner from the South on another deal: “He said to me, ‘Little lady, I need for you to stop talking dirty to me’—and I was just asking about the capital structure.”
Ironically, black female lawyers say that it’s older white partners who are sometimes most respectful and supportive. “The older ones treat me fairly,” says Alanna Rutherford, a partner at Boies Schiller Flexner, who adds that she’s had wonderful white, male mentors. “You shouldn’t assume that someone will be an ally because of their race or gender,” says Edgar, a former partner at Kirkland & Ellis, who is now an in-house counsel. “I’ve been in situations where black male partners did nothing to support me.”
And how supportive are their white sisters? That gets a mixed reaction. Women’s affinity groups “don’t address race because they’re dominated by white women,” says one black female partner, adding, “it’s not a conscious thing.”
So how do black female lawyers address the biases and challenges that they face? Mostly, they don’t. “You don’t want a reputation of playing the race card or the sexism card,” says one. “You can’t have an honest conversation about these issues,” says Rutherford, “because people will think, ‘Oh my god, she’s bringing up race and sex!’”
And that silence is what makes the problem even more painful. “It’s demoralizing. It’s why so many of us drop out,” sums up one female black lawyer.