Clerical Errors

The secret handshake black lawyers don't learn.

  • | Posted: February 25, 2009 at 7:18 AM
Clerical Errors
The secret handshake black lawyers don't learn.

The secret handshake black lawyers don't learn.

The secret handshake black lawyers don't learn.

Some have accused Attorney General Eric Holder of pointing a scolding finger at white America in his recent Black History Month speech. But that's not what he did. The nation's top lawyer used the collective “we” to implore all Americans to begin the “awkward and painful” process of engaging one another across racial lines. In this regard, lawyers have a heightened duty.

Because the law is how we mediate our differences in this country, and because race has been at the heart of so much of what divides use, a meaningful, "awkward and painful" discussion on race must, by ncesssity, involve the legal profession and the process by which we resolve our disputes.

But the lack of diversity in the nation's judiciary makes such a conversation difficult at best and frightening at worst. Now, in a report issued last month by New York University’s Brennan Center, we have hard numbers to document the existence of whites-only benches in many states.

Still, one thing the report and the general discussion about the paucity of minority judges often overlook is the absence of color in judicial clerkships. Clerks are a quiet, hidden power in the justice system: typically recent law school graduates who work assisting judges in chambers and in the courtroom. But that year or two spent clerking is in effect the secret handshake that opens up access to the halls of judicial power for a lifetime.

The influence law clerks wield in chambers is perhaps imaginary, perhaps not. Most would never dare breach their sacred oath to let you know. In most instances, it is Supreme Court law clerks, not the justices themselves, who cull through the thousands of petitions to the court, sent by people of all ilk—from regular folks who want to be heard to corporate machines protecting their interests. Law clerks recommend that the justices grant certain petitions or deny others, dashing desperate hopes. These are the quietly powerful, seated on the justice’s shoulder whispering sweet everythings in the judge’s ear.

But like judges, law clerks are mostly white.

This is a travesty not just because clerking is a time-honored path to the halls of legal power. It’s also a missed opportunity for lawyers of color to repay the debt we owe to those on whose shoulders we stand, to heed Charles Hamilton Houston’s famous admonishment that, as lawyers, we not be parasites on society. Clerking is an important mainstream credential, a crucial start to a career of giving back.

The power of clerks has evolved over time. The first Supreme Court law clerk was hired in 1882, a mere 17 years after slavery was formally abolished, and bore the title legal secretary. Sixty-six years later, in 1948, the first black Supreme Court law clerk, William T. Coleman Jr., was hired. And nearly 20 years after that, Thurgood Marshall was sworn in as the first black justice on the Supreme Court. Since then, much progress has been made in every area of the legal profession, but blacks are still only 4 percent of all judges nationwide, less than 5 percent of all law firm associates and less than 2 percent of all law firm partners in the country.

In 2005, only 6 percent of all law clerks were black. In the federal courts, only 5 percent of law clerks were black, a decrease from previous years.

Judicial clerkships are a pipeline to the elite Power Hall of the legal profession, where judges, law firm partners, general counsels, federal government attorneys and law school professors converge. The more black law clerks, the more black attorneys who will eventually be granted entree to the upper echelons of the legal profession. That in turn means more black attorneys in positions to address some of the social ills facing the black community—warehousing of black boys in special education and in disciplinary “alternative schools”; disparities in crack cocaine and powder cocaine sentencing; testing of vaccinations in low-income communities.

As a law student at Harvard, I got lucky and fell into clerking because everyone around me was doing it. I did two clerkships—one state, one federal—in Indianapolis, my hometown. I won’t pretend that as a law clerk I was a forceful orator up in chambers confidently lobbying my judges and persuading them in determining sentences in every criminal case or in meting out damages in discrimination lawsuits. The truth is that I was so completely intimidated by the process, my jurists and the role that I was being asked to play that I was very nearly rendered silent by my fear.

But, in order to do the job, my voice as a black woman had to be heard in my written work, in all of the questions I asked on a daily basis, in my mere presence in chambers and seated at the clerk’s position in the courtroom. And, now, I attribute the remarkable successes I have had in my career to my time as a law clerk, not simply for the prestige a clerkship carries and the path I have been able to take as a result, but also because of the training and mentoring I received from my judges at the time and since then.

I wish there were more minorities in the same pipeline, but I appreciate the reasons that there aren’t. For many of us, there’s that private-sector carrot dangling at the end of it all, replete with six-figure salary (in order to repay exorbitant law school loans) and perks galore—finally, the good life we’ve been striving for. Why put that off another year to … clerk? Compared to what law firms are paying these days, the law clerk’s salary amounts to free labor.

But making the investment could yield big dividends professionally and for the integrity of the justice system as well. It could mean more black judges deciding the fates of those of us entangled in the system. It means more black law professors sitting on admissions committees in law school. It means more black general counsels determining legal strategy for Fortune 500 companies.

And, at a time when black power is more visible than ever, it could represent yet another step to power.

Allison Brown, a former law clerk, is a practicing attorney and the founder and principal of Judicial Clerk Review, LLC.

  • Comments

  • 16 Comments

I havent any word to appreciate this post.....Really i am impressed from this post....the person who create this post it was a great human..thanks for shared this with us.
______________________________________
Kenali Dan Kunjungi Objek Wisata Di Pandeglang
Love For Blogging
Belajar SEO Blogspot
Serunya Belajar Seo
Miss925
seo go blog
seo motivation
Belajar Blogging

Louis Vuitton Handbags are perfect imitations, indistinguishable from the real thing.
Our replica Luis Vuitton collection includes everything; Monogram Perfo Pochettes, compact wallets and Speedy satchels can be yours for below-market prices when you buy from Fake-designer.com. The same goes for each and every item in our Louie Vuitton lines- from our Louis Vuitton Bags to our Fendi handbags. If you love Cheap Louis Vuitton, ,designer Replica Louis Vuitton;Fake-designer.com has something for you.
All of our fake Louis Vuitton Outlet are made to look and feel just like the originals. No one will be able to tell you’re carrying one of our fake Louis Vuitton Sale, because our imitation Louis Vuitton Online Saleare identical to the real thing.
Louis Vuitton Monogram Canvas Odeon PM Replica M56390 On Sale - Cheap Louis Vuitton Wallets,Handbags,Bags,Purses Shop Outlet Louis Vuitton Men's Shoes Replica YL4U1MGC-3 On Sale - Cheap Louis Vuitton Wallets,Handbags,Bags,Purses Shop Outlet Louis Vuitton Monogram Multicolor Canvas Marilyn PM White Replica M40206 On Sale - Cheap Louis Vuitton Wallets,Handbags,Bags,Purses Shop Outlet Louis Vuitton Antigua Pochette Plate PM Replica M40130 On Sale - Cheap Louis Vuitton Wallets,Handbags,Bags,Purses Shop Outlet

Because the law is how we mediate our differences in this country.This important point that must be considered by an attorney general. CMIIW
Iklan Baris Gratis Iklan Baris Gratis

Desain Web Murah Desain Web Murah

Cahbagus CahBagus

Khaystudio Mengembalikan jati diri bangsa

Rangkuman Ilmu SEO Rangkuman Ilmu SEO

Mengembalikan jati diri bangsa Mengembalikan jati diri bangsa

Informasi Pendidikan Info Pendidikan Indonesia

Situs Murah Situs Murah

Khairuddin Khairuddin

Blogger Gurem Blogger Gurem

Khairuddin Syach Weblog Khairuddin Syach Weblog

Mengembalikan jati diri bangsa Mengembalikan jati diri bangsa

I find this topic very interesting for writing my future law essay or writing my other academic law papers.

Great article. I've just known about it from this information. Thanks for sharing.
stop dreaming start action

I want to thank you for this informative read, I really appreciate sharing this great post. Keep up your work.

-----------------------------------------------
Stop Dreaming Start Action
Rusli Zainal Sang Visioner
Bisnis Online

You wont feel strange when you heard the name louis vuitton.The first meet with Louis Vuitton Watercolor Speedy 35 Suit Summer Dayis at my age of 4,My mother back from Tokyo and a friend there present her a travel bag by Louis Vuitton Store. Many people do not like 09 New Arrivalsstyle or some love it just for its price.I bagan to love this brand after I read a story of a bag of LV.The year 1997,Lots of thing from the wreckage of Titanic.including a Tiffany Coark.When the ark up and people open it,How magically in it,To everyones surprise,There is no more than a drop of water in it.exactly,Quality is out of question to Gucci.the classical,original figure of Burberrynamed Monogram.I love Chanel.Search google ,I find a store sell Mont Blanc,The UGGThey sell is good , such as Swarovski Mirror.Louis Vuitton.Louis Vuitton Cruise .Louis Vuitton Damier Azur .Louis Vuitton Damier Canvas .Louis Vuitton SPEEDY 30.Louis Vuitton Pochette Accessoires.Louis Vuitton Zippy Coin Purse.Louis Vuitton Zippy Coin Purse .Louis Vuitton Le Fabuleux.Louis Vuitton Le Fabuleux.Louis Vuitton Huron Briefcase.Louis Vuitton Huron Briefcase.Louis Vuitton Ludlow Orange Sunset.Louis Vuitton Ludlow Vert Tonic.Louis Vuitton HEART TAG Toggle Bracelet.Louis Vuitton LOCK Bracelet.Louis Vuitton Mini Starfish Earrings.Louis Vuitton ETERNAL CIRCLE Earrings.Louis Vuitton LINK Necklace with Heart Clasp.Louis Vuitton Engraved HEART TAG Choker. This website (http://www.gifico.com) It sales bags and wallets as well.