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The Evolution of Black Lawyers in Corporate America: from the Road Less Traveled to Managing the Major Highways

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The Evolution of Black Lawyers in Corporate America: from the Road Less Traveled to Managing the Major Highways \\server05\productn\H\HOW\53-3\HOW308.txt unknown Seq: 1 8-NOV-10 9:06 The Evolution of Black Lawyers in Corporate America: From the Road Less Traveled to Managing the Major Highways MONICA R. HARGROVE* INTRODUCTION ............................................. 750 R I. THE EARLY HISTORY OF AFRICAN-AMERICAN LAWYERS IN THE UNITED STATES ............... 751 R A. African-American Lawyers in the 1800s ............ 751 R 1. Macon Bolling Allen ........................... 752 R 2. Robert Morris .................................. 753 R 3. William Cooper Nell & John S. Rock .......... 754 R 4. Archibald Henry Grimke....................... ´ 756 R 5. Charlotte E. Ray ............................... 758 R 6. William H. Lewis ............................... 759 R 7. James Weldon Johnson ......................... 759 R B. African-American Lawyers in the Early 1900s ...... 762 R 1. Sadie Tanner Mossell Alexander................ 762 R 2. Charles Hamilton Houston ..................... 763 R 3. William H. Hastie .............................. 764 R II. NEW OPPORTUNITIES FOR AFRICAN- AMERICAN LAWYERS IN THE MID-1900S ........ 765 R * Monica R. Hargrove began her position as General Counsel of Airports Council Inter- national-North America “ACI-NA” in February 2008. She serves as ACI-NA’s Senior In-House Counsel and directs ACI-NA’s participation in airport-related litigation and policy related to legal matters. Prior to joining ACI-NA, Hargrove served as Associate General Counsel of US Airways and was generally responsible for the legal management of the company’s regulatory matters, including compliance with the Department of Transportation’s domestic and interna- tional regulations, antitrust compliance and counseling, as well as litigation management, envi- ronmental compliance and counseling, and intellectual property management. Hargrove served as a trial attorney for the Antitrust Division of the United States Department of Justice follow- ing her law school graduation. She is a cum laude graduate of Dartmouth College and received her law degree from the University of Michigan Law School, where she served as Legislative Notes Editor of the Journal of Law Reform. The views reflected in this Article are those of the author and do not reflect the views of her employer. 2010 Vol. 53 No. 3 749 \\server05\productn\H\HOW\53-3\HOW308.txt unknown Seq: 2 8-NOV-10 9:06 Howard Law Journal A. William Thaddeus Coleman, Jr. ..................... 765 R B. Benjamin Hooks .................................... 767 R C. New Opportunities Emerge for African-American Women ............................................. 767 R 1. Edith Spurlock Sampson and Constance Baker Motley .......................................... 767 R 2. Patricia Roberts Harris ......................... 768 R III. A NEW PATH EMERGES FOR AFRICAN- AMERICAN LAWYERS IN THE LATE 1900S ....... 770 R A. Vernon Jordan ...................................... 770 R B. Wayne Neveu ....................................... 772 R C. Roderick A. Palmore ............................... 773 R D. Paul Roye .......................................... 774 R E. Elizabeth A. Campbell.............................. 775 R F. Judith N. Batty ..................................... 776 R G. Pamela Fanning Carter ............................. 777 R H. David C. Drummond ............................... 778 R IV. THE ROLE OF PROFESSIONAL LEGAL ORGANIZATIONS IN CREATING AND MAINTAINING OPPORTUNITIES FOR AFRICAN- AMERICAN LAWYERS .............................. 779 R V. UNIQUE OPPORTUNITIES FOR AFRICAN- AMERICAN LAWYERS IN THE 21ST CENTURY . 784 R VI. REFLECTIONS FROM THE PERSPECTIVE OF AN AFRICAN-AMERICAN FEMALE CORPORATE ATTORNEY ........................................... 792 R CONCLUSION ................................................ 799 R INTRODUCTION The traditional role of black lawyers in America was to right so- cial injustices and to achieve basic rights guaranteed to all U.S. citi- zens for black Americans. After the achievement of many of those rights through post-Civil War litigation and through the Civil Rights Movement, black lawyers turned their efforts to correcting economic 750 [VOL. 53:749 \\server05\productn\H\HOW\53-3\HOW308.txt unknown Seq: 3 8-NOV-10 9:06 The Evolution of Black Lawyers in Corporate America inequities.1 As a result, some black lawyers began to explore opportu- nities available in the corporate law arena.2 This Article begins with an overview of the history of African- American lawyers in the United States. It examines the progression of opportunities for black lawyers in America from the public to pri- vate sector. The Article then discusses the critical role that new networking organizations—such as the Minority Corporate Counsel Association; the American Bar Association’s Advisory Council on Di- versity and Commission on Racial & Ethnic Diversity in the Profes- sion; and local bar associations, like the Greater Washington Area Chapter of the Women Lawyers Division of the National Bar Associa- tion (“GWAC”), which have played a key role in promoting diversity in employment opportunities for black lawyers in corporate positions. The author reflects upon her own experiences in corporate America and discusses how networking enabled her to take advantage of em- ployment opportunities. The author further reflects upon how networking allowed her to make unique contributions in her work- places to facilitate the advancement of minorities there and in associ- ated industries and to address issues impacting minorities generally. Finally, this article also contemplates the role of black and other mi- nority lawyers in enhancing diversity in American corporations and law firms, as well as in promoting future legal opportunities for minor- ity attorneys. I. THE EARLY HISTORY OF AFRICAN-AMERICAN ATTORNEYS IN THE UNITED STATES A. African-American Lawyers in the 1800s Black Americans practiced law in the United States in the 1800s; however, their practice opportunities were extremely limited.3 Most black lawyers experienced difficulties in finding clients, causing many 1. While this is the commonly held view of the roles that were initially assumed by black lawyers, others have argued that they have played a larger role in assuring that blacks would have access to political and economic doors through which they could become full citizens in America. See, e.g., Kenneth W. Mack, Rethinking Civil Rights Lawyering and Politics in the Era Before Brown, 115 YALE L.J. 256 (2005); Carla D. Pratt, Way to Represent: The Role of Black Lawyers in Contemporary American Democracy, 77 FORDHAM L. REV. 1409 (2009). 2. See generally HARRY A. PLOSKI & JAMES WILLIAMS, THE NEGRO ALMANAC: A REFER- ENCE WORK ON THE AFRICAN-AMERICAN (5th ed. 1991) (providing reference material on the black experience in the United States). 3. The difficulties in attracting clients for early black lawyers is referenced in many of the experiences of early African-American lawyers, including several referenced in this article, such as Macon Bolling Allen and Charlotte Ray. See Encyclopedia.jrank.org, Macon Bolling Allen 2010] 751 \\server05\productn\H\HOW\53-3\HOW308.txt unknown Seq: 4 8-NOV-10 9:06 Howard Law Journal to discontinue their law practices altogether or to seek employment in other fields. Other black lawyers combined their practices and advo- cated on behalf of the black race through public lectures and speeches; organizational leadership; and the publication of books, arti- cles in periodicals or pamphlets. These lawyers ultimately created a plethora of opportunities—perhaps unimaginable to them—for to- day’s black lawyers. 1. Macon Bolling Allen Scholars have identified Macon Bolling Allen as the first African- American lawyer to practice law in the United States.4 Allen was a schoolteacher in Indiana5 and relocated to Portland, Maine in the early 1840s,6 where he met an anti-slavery attorney, General Samuel Fessenden.7 He served as Mr. Fessenden’s apprentice and sought ad- mission to the Bar based on these studies.8 When he was denied ad- mission, Allen demanded to take the bar exam and became a member of the Bar in Maine in July of 1844.9 Allen moved to Boston, Massachusetts after experiencing diffi- culties finding clients in Maine.10 Few blacks were willing to hire him, and most whites did not want a black lawyer to represent them.11 In Boston, he sought admission to the Bar, and following several unsuc- cessful applications, was finally admitted in May of 1845.12 Together (1816-1894), Facing Challenges as a Lawyer and a Judge in New England, http://encyclopedia. jrank.org/articles/pages/4102/Allen-Macon-Bolling-1816-1894.html (last visited Apr. 21, 2010). 4. JOAN POTTER, AFRICAN AMERICAN FIRSTS: FAMOUS, LITTLE-KNOWN AND UNSUNG TRIUMPHS OF BLACKS IN AMERICA 134 (Dafina Books 2009). 5. See Encyclopedia.jrank.org, supra note 3 (stating that when Allen was born in 1816 in Indiana, he was a free man and was named Allen Macon Bolling). 6. BlackPast.org, Quintard Taylor, Macon Bolling Allen (1816-1894), http://www. blackpast.org/?q=aah/allen-macon-bolling-1816-1894 (last visited Apr. 21, 2010). After moving to Portland, Allen changed his name to Macon Bolling Allen. Id. 7. Duhaime.org, Lloyd Duhaime, Macon Allen 1816–1894, http://www.duhaime.org/ lawmuseum/lawarticle-467/allen-macon-18161894.aspx (last visited Apr. 21, 2010). 8. See Encyclopedia.jrank.org, supra note 3. Mr. Fessenden introduced Allen to the Port- land District Court in 1844. When he suggested that the court permit Allen to practice as a lawyer, the court
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