Black Women In Law: History & Future
It is often said that women create companies based on their passions, skills, and areas of expertise. If this is true, Black women in the legal field exemplify this passion in the area of justice for themselves and their communities. As a collective group, they use this passion and combine it with their skills and drive which can only come from ancient expertise. This skill and drive move them towards a worldview that I believe has come from a collective memory of the running of Queendoms.
See, not all societies had queendoms and respected the skills of women, like the African societies. For example, Amina Mohamud, who was a Hausa Warrior Queen of the city-state Zazzau, presently in the North-West region of Nigeria, was renowned for her leadership skills. Although she was not a lawyer, Black female lawyers tend to think and move like her. Queen Mohamud’s skills were discovered at an early by her grandfather who was a statesman. He allowed her to attend state meetings and encouraged her leadership development. She used this training to become one of the world’s most powerful queens Africa has ever seen. She is a black woman described by historians as one of the Real Rulers of the Mid-Sixteenth Century.
This unspoken legacy of greatness extends itself to Black Women today and especially to Black women in the legal field. Though most of the world operates in patriarchy, the legacy of the Matriarchies and Queendoms in Africa are part of our collective consciousness. A collective consciousness is a memory deeply embedded into the very atoms of a person. A secret that cannot be released before its time and then all at once on everyone. It is a universal truth held down, suppressed that refuses to be held any longer. Throughout all of the fame, fortune, atrocities, defeat, and the rise of Black Families in the United States, Black Women - continue to emerge, like a sphinx. This authority, wisdom skill, and innovation from past leadership are present in the collective history of Black Women today.
From this history emerged a focus to rebuild and build the communities from which they came and provide a gift to humanity. Thus you will find that a majority of Black Women and Black Female Lawyers have sought to build a great and distinctive future, but they speak about it a little differently. The future that they are building is inclusive. It is not just for themselves, but for everyone. This expounding vision is in line with the collective consciousness of the Queendoms. It is joining together with a conscious awaking from many people who are all over the world. The Black Female Lawyer is in the midst of the village rally cry.
Today, TEIL would like to bring it front and center through the research of the history of Black-female lawyers and business owners and thus black female law firms. We found some striking statistics and facts, and some discouraging ones. We want to get to the heart of the state of Black Women in Law.
I start by saying women are continuing to rise in building businesses in all industries. However, there is something very special about the legal field that keeps black women lawyers from building legal businesses that reach the top tier. As you may know, law firms are measured in terms of tiers. The top one (1) tier firms are known as such because of the reputations, the lawyers they have on staff and as partners, and the clients, multinationals, fortune 500 or even 100 companies and or municipalities that pay hefty retainers for years. We do not see black female lawyers sustaining their businesses at these growth levels and they tend to go out of business more quickly than their counterparts. The statistics say on 3% of them dare to brave the waters of law firm ownership.
The first known United States Black Female Lawyer was Charlotte E. Ray. Although she graduated from law school, passed the bar in the District of Columbian, and sat out to open her own law firm, she faced discrimination to a degree that would not allow her practice to flourish. But it’s not just black women law firm owners. It is also the difficulty that all black female lawyers face with the glass ceiling of law firms standing before them. The consensus seems to be that these firms do not cultivate black women as a whole. It’s not all of them and I know that it is changing, I see it. However, the statistics stand for themselves.
The American Bar Association sought to understand the disparity. In its survey on the topic. the ABA found that attorneys of color now make up 19% of legal professionals. This is a positive trend, but the percentage of lawyers of color has grown by only 7% over the past decade. When you compare to the of white lawyers, you will see that the percentage of white lawyers has declined (81% in 2022 compared to 88.4% in 2012). Although there is a decline, however, because the percentages were so large in the beginning they are still overrepresented in the legal profession compared. This is a really interesting statistic when you compare it to the overall population in the U.S. which is 60.1%.
In 1993, the National Association of Law Placement (NALP) began compiling statistics on minorities succeeding to law firm partners. In 2021 it was reported that partners of color were on the rise for the 28th consecutive year. It found that 2.55% in 1993, which had increased in 2021 to 10.75%. Doing a breakdown of the “color” we find that nearly half of the partners of color were Asian American (46%). Another 31% were Hispanic and other minorities and 24% of that 10.75% were Black.
When we press to gain insight on not just lawyers of color or even female lawyers, but black female lawyers in the law the information is not as easy to locate. Black Women, on top of being black, are women, which adds an additional layer of marginalization. Even during movements meant to liberate women - though Black women were always at the helm of progress, there has been a conscious effort to keep black women from the benefits of progress.
The data on black female lawyers in U.S. law firms demonstrates that a staggering 0.86% of partners black women, a minor increase of 0.06 percentage points since 2020, and only 0.26 points up since 2012! The percentage of Black women associates stands at 3.17%, a share that has risen a mere 0.13 percentage points since 2020 and just 0.24 points since 2009. There was not enough usable data or statistics for black women in summer associate positions but, women of color as a whole make up approximately 25% of law firm summer associates and students who typically get hired by law firms. This is according to the National Association of Law Placement 2021 Annual Report on Diversity.
There is even less data on the state of law firms run by Black Women in general over the last decade. However, I have been a witness to the newly established law firms run by Black Women in Chicago, Atlanta, DC, and North Carolina. They do things a little differently and are gaining media attention that can be used as a sampling for the statistics.
As a result, a good many Black-Women-led law firms have individuals as clients, whereas their counterparts have major firms, multinational conglomerates, governments, and municipalities as clients. The obvious disparity is that an individual can only afford a mere fraction of what governments and multinationals can pay in retainers and services. It then means that in order for attorneys of color; especially Black Women, will spend more time, effort, and energy building their client base and businesses whilst simultaneously attempting to build a network that can compete with one many were born into.
THE ROOT OF THE PROBLEM
History’s truths have been modified in books as well as forms of media and word of mouth. This modification is and always has impacted the perception of Black People globally. Historical factors like redlining and Jim Crow led to a generational wealth gap as well. These are all factors that impact and undermine the worthiness and perceived competence of the group of people over centuries. In a great many cases, the result is a cultural implicit and explicit bias that manifests in inclusivity in group activities. However, law firms have another layer, the bias shows in talent recruitment and or a lack of investment in the hiring of attorneys that are outside of the “culture” coming from the nepotistic of the boy’s clubs. Once in the offices, there is a lack of formal mentoring opportunities, mentors, and sponsors. In one example a black lawyer seeking the partner track said that the department which decides which cases come in will not “review” the clients she decides to bring in and if the client has an immediate problem they cannot afford to wait in litigation while the law firm decides if this lawyer should be able to bring in this client.
Now, running a law firm of any kind of law firm does not come without its challenges, however, when black women decide to hang the shingle they face disproportionate financial headwinds and nepotism in big law and many other industries that are historically boys' clubs which keep the clients from supporting the firms. Nepotism is rooted in historical racism and sexism that insinuates through exclusion that the privileged are inherently worthy of membership. Other than that, there is no evidence to suggest that there’s a correlation between whiteness or maleness and the success of white-owned firms over black female-owned firms outside of cultural bias.
Since it’s only been 100 years or so that Women - especially Black Women - had access to higher education, or the right to vote the lack of progress in hiring, and inclusivity in company culture many black women are not surprised and know that we are in a game of time. We see some of the antiquated nepotistic practices changing and some of the changes being led by the people who buy from multinationals and governmental entities. They get heat from their clients and then the partners of the law firms are on the hook to change who is at the table. Thus there is a great balancing force of nature that demands inclusivity of all, including deserving roles in firms for women of color.
I will be the first to admit that the subject of race and prejudice remains a complex and controversial one to navigate, not only in the US but worldwide. Nevertheless, there are multiple studies that show that in the face of discrimination, Black Americans continue to face hurdles and preserver. Black Women have seized opportunities to make their own path to prosperity by starting businesses. According to the Harvard Business Review, approximately 17% of Black Women are planning to start a new business or have set up a new business. The main reason behind the hike in Black businesswomen is pay (a major issue). While the trend is positive, discrimination persists, even in the new lanes they’ve created.
In the law, programs like Just The Beginning – A Pipeline Program, which seeks to define the path to a legal career for students of color, and others from underrepresented communities, demonstrate the changes which can be made in the legal profession with just a little effort. In the last decade, there has been a push by Black People themselves, globally, to awaken to their history. They say that history can only be held down for so long. We see the mistruths and omissions now being brought to light daily. As we evolve as a world we will continue to see that we are the solution to our own problems. Yes, it is complex and will take effort, but inclusivity and diversity in all businesses and walks of life must become a reality.
Having more attorneys of color in the field, especially black females, means providing more opportunities for employment, more mentoring, and a change of culture so that they do not face the same problems when they get there. The itch to be an entrepreneur will not slow down so corporations have to take chances and go with female or minority firms and or demand that the tier 1-4 caucasian firms bring in black female law firms for a seat at the table when that is the correct thing to do. Not for a handout, but for a clear look at what is happening globally and an understanding that the old way is falling and there are new and fresh ideas that white men could not have because it comes from a collective spirit that they have not seen. A spirit that comes from African Queendoms that is really for the promotion of humanity.
TEIL Firm LLC is committed to being a part of the change and growth. We are committed to helping to educate, employ, and empower other women of color, defiantly including Black Women to succeed in life and law, providing equitable service and opportunity for employment to all. “We don’t just say Diversity, we are Diversity.” TEIL believes that the legal profession is one of the most prestigious professions in the world, and we respect the principality of the profession. We also expose that lawyers have a great capacity to lead us into a better worldview. We’re committed to doing so and encouraging other business leaders to connect and take the inclusivity pledge in hiring and putting humanity first.
If you are interested in working with TEIL Firms, seek to join us on our mission to become a legendary black female-owned law firm, or would like to become a client, you can do so through the email address: admin@TEILfirms.com. For applications send resumes, cover, and references, to refer medium-sized global business clients who have who are structuring and re-structuring in Illinois and need international trade legal professionals at admin@teilfirms.com. member of our team will reach out to follow up.