I am generally a bit hesitant to speak up, especially when there are so many competing voices echoing similar sentiments in the social media chambers we all occupy. But I cannot be silent any longer. I have seen a number of articles addressing the plight of black professionals fighting to exist in corporate America, but I have yet to see any commentary that specifically addresses the demographic to which I belong — the black junior associate attorney working at a large corporate law firm aka “Biglaw.”
I think black attorneys such as myself are in a uniquely challenging position. In addition to being forced to maintain the same semblance of composure and level of productivity as our non-black counterparts (a level which, for a whole host of reasons, is already difficult to replicate), the potential repercussions for vocalizing our frustrations (about society, about management, about anything, frankly) are often far more subtle than an immediate dismissal. Rather than being viewed as a valued team member offering earnest feedback with the goal of making contributions to enhance your work environment (thereby leading to happier and more productive employees, increased minority retention, and a healthier bottom line for the firm), the overly vocal black associate is likely viewed as a complainer — judgmental and difficult.
And, if these sorts of mischaracterizations are not enough, there is always the ever-present threat of not being able to generate enough work. If you fail to bill an appropriate amount of hours, the writing for your future career at ABC firm is all but written on the walls. Of course, as an associate, you are not expected to generate your own client billable work. Your clients are your practice group partners and your senior associates. These are the people tasked with training you in the art of lawyering and the majority of the time, these “clients” are also your managers — the people with whom said junior associate would be expected to raise any issues or concerns.
Surely, dear readers, you can understand the inherent tension with this arrangement. It leads to black associates carrying the very real fear of being “blackballed” (wherein partners and senior associates no longer wish to work with you and rather than explicitly tell you this, they seemingly begin to not have assignments available when you ask for work, or they continually promise to “keep you in mind for the next one” but that matter never arrives). What your clients do not say is that the reason you are no longer being selected for work (and therefore no longer being invested in and trained) is because your clients are more comfortable working with Josh, your white male colleague who never really has any negative feedback to make about the firm or his clients. So, as time goes on, Josh continues to generate multiple times the amount of work you do. Your clients like working with Josh because he is psychologically easier to engage with and for many of your clients (who are also white men), Josh reminds them of themselves — eager, talented, hardworking. Next thing you know, it’s the end of the review period and your hours pale in comparison to Josh, who, let us not forget, has generated multiple times the amount of work as you. As annual reviews approach, these numbers will serve as a clear indication, immortalized in black and white ink, that you simply aren’t cut out for this line of work. You clearly weren’t dedicated enough to the work. After all, if you were, your numbers would be better. And after the low hours are unveiled, there will be meetings to discuss how you aren’t a good fit for ABC firm and that you will need to find a new job.
The aforementioned scenario happens routinely in Biglaw. It is a known contributor to Biglaw firms’ poor retention rates of black junior attorneys and one of the key reasons black attorneys are not promoted through the ranks to partnership. It is also the exact reason that being a black Biglaw associate is uniquely difficult. Anyone with a basic knowledge of the social, cultural, and historical context of the United States and the nature of human psychology can quickly understand how a junior black associate verbalizing concerns and offering valid criticisms (even asking pointed questions) can lead to undesirable outcomes for said black associate. There’s no safe and polite way for the black junior associate to express frustrations to white leadership. These are uncomfortable conversations and the potential downside is often deemed too great a risk to take.
Of course, this is the reality of the black junior associate whether there is a pandemic or not — and whether there is a highly publicized black murder or not — so it’s not that recent events have changed anything. But the lack of support that some firms’ leadership have demonstrated with their deafening silence towards their black attorneys is astounding.
Additionally, Biglaw firms are not immune from the economic impact of COVID-19, and in spite of the fact that right now black attorneys are undoubtedly feeling the most exhausted and vulnerable that they have felt in recent history, everyone recognizes the importance of being grateful for retaining your job during a recession. Few of us are interested in risking our financial security for the sake of being “authentic” or feeling “heard” or even “valued” at our firms of employment. This truth is disappointing and disheartening, and it is entirely understandable.
To be fair, not all firms have fumbled this opportunity to fight the narrative that Biglaw is another heartless faction of corporate America. There are certain firms and leaders who have made respectable efforts to acknowledge the weightiness of this moment, suggesting that their black junior associates will not be forced to carry these burdens alone. Still, there are plenty of firms that have effectively done no more than wave at their black associates who are drowning and offer them a half-deflated life vest.
Miraculously, many of us will catch the life vest, silently patch the holes, and continue to swim forward. We are our ancestors’ wildest dreams. Black people have been resilient for over 400 years and we will not stop now.
Lauren E. Skerrett is an associate attorney at a large, multinational firm. She graduated with a BA in philosophy from Washington and Lee University and obtained her JD from Northwestern Pritzker School of Law, along with an LLM from Institut d’Études Politiques de Paris (“Sciences Po”). All views expressed belong to her and should not be attributed to any organization with which she is affiliated.You can reach her by email at lauren.skerrett@gmail.com.