New York Lawyer
March 24, 2005

Q:
I read your column last week and was struck by the idea of "extra scrutiny" of minorities.

I am a black, female lawyer, and I've often noticed that when I appear in court, or at deposition, it seems like a hush falls over the room when I speak. And many times, after I make my argument, a judge or attorney will say to me, "That was excellent - very articulate."

It's happened many times, and I've noticed that white attorneys don't get that kind of increased attention.

I see your point about people just being curious, but it increases the stress factor a lot. Any suggestions on how to cope with it?

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A:

As it happens I got some responses to that column and one of them speaks to your point. One response was from a black male attorney in the southwest. Here is what he wrote:

"I write to commend you on your advice. I share some of the experiences described in the column, in that I handle a busy litigation docket for my firm and I am, almost always, the only black lawyer arguing motions or trying cases in bankruptcy court. Obviously, I'm not the only one, but I assure you there are few of us.

"I find that winning is the best coping mechanism. You are absolutely correct: people are curious. The best response to staring is to always be prepared, exude confidence, argue intelligently, and win your case. My success arises from a combination of hard work and good fortune. We are examples, perhaps involuntarily. The way I see it, we've got an obligation to our clients, ourselves and our people to be excellent lawyers in our practice area. Our fellow bar members do take notice. I often get new clients based on referrals from older white lawyers who are impressed by my work.

"I applaud your advice. First and foremost, a black lawyer must do an excellent job. From that, only good things should follow. Every lawyer endures external pressure from some source. I choose to redirect it to serve my own purpose, making a winning argument. Simply put, if everyone in the courtroom is going to be staring at me, I better do a damn good job."

I think this makes sense. There are other coping mechanisms as well. I've heard about this "extra scrutiny" from many people, mostly women and minorities. It does tend to make people nervous and self conscious, quite understandably, and can generate resentment as a result. Perhaps one step is accepting that it exists and not trying to wish it away; the reality is that while you are part of a small group, you will get extra attention in your professional list. The way it will recede is when there are a sufficient number of women and minority attorneys appearing on a regular basis that there's nothing to be curious about.

Unfortunately, since that day won't be with us for a while, in the meantime it's necessary to steel yourself a little bit. Over-preparing for public appearances is probably the prime weapon, and the great thing is, it will only enhance your career, so at least it's not a waste of time. You will be an even better lawyer as a result.

Sincerely,
Holly English