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OBABL Links & Resources
2009 March
Mar
30
Young v. Covington: New Lawyer, More Mud
Filed Under Stand Up! • 7 Comments
Today’s Legal Times updates readers on developments in Young v. Covington. The piece opens with the most recent development in the case:
Latif Doman of Doman Davis, a small litigation and employment discrimination firm with offices in New York and Washington, will take the reins on the case, which has caused a stir in D.C. legal circles.
The article quotes me as saying that it was Mr. Doman’s passion for this issue that ultimately swayed me. This is not entirely true. While Mr. Doman, who is black, is passionate about the issues raised in my lawsuit, he also happens to be extremely smart and accomplished. He has nearly fifteen years of litigation and employment law experience, which has included high profile cases like his representation of Genard Parker in his suit against the singer, Ashanti. I confess to also being impressed with his legal bona fides–University of Pennsylvania Law School (ranked 7th by US News), Law Review, Federal Clerkship (Chief Judge John Garrett Penn), and BigLaw experience–that reassure those that need reassuring.
Mr. Doman’s accomplishments lend themselves to the assumption that he is a very good attorney and deserving of the legal community’s respect. I, on the other hand, had marginal law school grades, difficulty passing the bar and legal experience limited primarily to document review. The question the Legal Times’ article raises is this: Are attorneys with less sterling credentials less deserving of training and a workplace free of discrimination?
As the article points out, my claims against Covington involve the segregation of minority attorneys and the use of racial slurs in the office. Covington admits that derogatory language was used in the office and that staff attorneys are not provided the same benefits and training as other attorneys at the firm and are not included in many firm meetings and events. They then try to make the issue about my grades rather than their firm practices.
From LegalTimes:
In the meantime, Covington seems to be settling on a hardball strategy for dealing with the suit. Last week it released a lengthy response to her complaint, in which it portrayed her as a dilletantish, marginally qualified attorney who never understood the nature of her job.
One of Young’s more incendiary accusations against Covington is that the firm used its staff attorney program to recruit minority lawyers, then systematically denied them the chance to rise into the associate ranks. She published a controversial essay on the topic for the Huffington Post titled “Law Firm Segregation Reminiscent of Jim Crow.”
Covington’s response tries to hammer home the point that staff attorneys were generally less qualified lawyers whose only job was to handle electronic document review. It then proceeds to use Young herself as an example, using an Aug. 14 letter to the EEOC in which the firm first responded to her discrimination claims (pdf).
“Ms. Young is an African-American whose publicly-stated career interests focus on the media; she has published a book, appeared as a ‘talking head’ on TV and written commentary for newspapers and blogs,” the letter states. “Ms. Young graduated from Georgetown University Law Center in 1995. Her average grade was only slightly better than a ‘C,’ well below the threshold level for a Covington associate. She did not pass the bar until 1998, three years after her law school graduation.”
What constitutes being qualified? What’s the better indicator of the kind of lawyer I have the potential to be? Grades or the fact that my writing has been endorsed by some of the world’s most respected publishers: Random House, USA Today, and The Washington Post? Or perhaps it is the fact that I wrote a complaint that Covington was forced to answer.
OBABL has talked about the low bar passage rate for black attorneys, but we haven’t said much about law school grades. GULC is a t-14 school that grades on the curve, so half of the class is always going to be in the bottom half. Is it better to be in the bottom half of a t-14 school or closer to the top at a less expensive, lower ranked school? If going to a top law school only benefits those at the top of the class, should law school promotional material alert students to this fact?
Mar
24
Jack L. White, Supreme Court Clerk
Filed Under Supreme Court • Leave a Comment
An OBABL tipster has pointed out that we neglected to report that Jack L. White, a card carrying member of the NAACP, is a clerk for Supreme Court Justice Samuel Alito. Mr. White graduated from West Point in 1995 and Pepperdine University School of Law in 2003. Before working at Kirkland & Ellis LLP and Akin Gump Strauss Hauer & Feld LLP, he clerked for the jurist during his tenure as a judge for the U.S. Court of Appeals for the Third Circuit. White testified about this experience before the Senate Judiciary Committee:
Mr. Chairman, Senator Leahy and Members of the Committee. Thank you for the opportunity to testify today. My name is Jack White. I am an Associate in the law firm of Kirkland & Ellis LLP. I am here today in support of the confirmation of Judge Alito, to be the next Associate Justice on the United States Supreme Court. I served as a law clerk for Judge Alito on the U.S. Court of Appeals for the Third Circuit from 2003 to 2004.
To provide context for my comments, I would like to share some personal information about myself. I am the son of African-American parents who were born in the segregated south. Their respect for the recognition of civil liberties that have enabled them to succeed and raise principled children has inculcated the same respect in me. This respect has led me to become a member of the NAACP and the ACLU. The same respect for our freedoms encouraged me to serve our country on Active Duty as an officer in the United States Army, and I continue to serve as a Captain in the United States Army Reserve. I have also served as a minister in Savannah, Georgia.
My first opportunity to meet Judge Alito introduced me to his diligence and sense of duty. The remainder of my interactions with him have verified my initial impressions. I met Judge Alito in his chambers a few weeks after the September 11, 2001 tragedy. As the Adjutant and a Company Commander in a Reserve Reception Battalion in Pasadena, California, I had difficulty getting authorization to travel to New Jersey for a job interview. Notwithstanding Judge Alito’s assurances that I did not need to travel to meet him face to face, as an ambitious law student, I was determined to do so. When I arrived in Newark, New Jersey, at the U.S. Post Office and Courthouse where Judge Alito’s chambers are located, he and the security guards were the only people there. It was a holiday, no clerks were working, no other employees in the building were working, but Judge Alito was steadily preparing for an upcoming sitting. Yet, he took the time to tell me how he prepared for oral arguments and what he required of his law clerks in contributing to the decision-making process. Then, he took the time to tour his chambers and the courthouse with me.
Mar
18
The “Obama Women”
Filed Under Everything Obama, Obama Posse List • Leave a Comment
That’s what the Washington Post has termed the black women in President Barack Obama’s inner circle. Many of them are lawyers–Valerie Jarrett, Melody Barnes, Cassandra Butts–who we’ve introduced you to previously. A few new ones have been added to the mix.
Environmental Protection Agency Administrator Lisa Jackson has become fast friends with Washington insider, Donna Brazile, and the women in the federal government.
When Jackson, with bodyguard in tow, walks through the corridors of the EPA’s vast complex in the Federal Triangle, she invariably is stopped by one of her employees, often an African American woman, who says, “Thank you for being here.” She is reminded not only of the history Obama made but also of the history she is making. Black women make up about 192,000 of the more than 1.7 million members of the federal workforce, according to the Office of Management and Budget.
The article goes on discuss further the role of African American women in past administrations.
Women earn about two-thirds of the associate and bachelor’s degrees awarded to black students, according to the National Center for Education Statistics, and Bureau of Labor data show that more than 2.6 million black women were employed in management and professional jobs last year. The women working for Obama have helped run Chicago city government, led nonprofit organizations, held top jobs at think tanks and influential positions on Capitol Hill.
Even so, women and minorities still lack representation in proportion to their numbers on the federal level. In Congress, only 90 members are women, 42 are African American, 28 are Latino and nine are Asian. Of late, black women have done better in Cabinet-level appointments and senior White House positions. President Bill Clinton appointed two black women to his Cabinet and several served in senior White House positions. President George W. Bush named Condoleezza Rice his national security adviser and later secretary of state, making her the highest-ranking black woman in the country’s history.
It was only 32 years ago that President Jimmy Carter appointed Patricia Roberts Harris to serve as secretary of housing and urban development, making her the first black woman in the presidential line of succession. Harris said at the time of her HUD appointment that her gender and race made her a “two for one” and called the hoopla around her nomination the result of “tragic exclusion.” In stories about her experience as the first, she described herself as lonely.
Mar
16
Congratulations to Arnette Dorsey, winner of On Being A Black Lawyer’s NBLSA essay writing contest. Arnette is a 2L at the University of Baltimore Law School where she is a Production Editor on Law Review and Director of Community Service for BLSA. Arnette is a member of Delta Sigma Theta Sorority, Inc. and a graduate of Syracuse University. OBABL is proud to sponsor Arnette at this year’s NBLSA convention in Irvine, CA.
Mar
13
Supreme Court Justice Clarence Thomas stopped by Howard University to give the James M. Nabrit Jr. Lecture Series. While his 1994 visit to the campus was accompanied by protests and jeers, this time around the Justice Thomas received a rousing ovation. Why the change of heart? The students were probably encouraged to treat their esteemed guest like they would a visitor in their own homes. While Justice Thomas isn’t known for picking HU grads as clerks, in these tough economic times, it’s important for students to keep the door open and hope alive. Justice Thomas helped the mood by sticking to controversial inspirational anecdotes about his bootstraps ascent to the bench.
From TheLegalTimes:
Thomas’ talk focused primarily on his 2007 book, “My Grandfather’s Son,” which details events from Thomas’ hardscrabble childhood through his confirmation to the high court.
Writing the book was painful, Thomas said, because in contrast to deciding a case that “has nothing to do with you, you have to actually relive the experience, and in reliving the experience you re-feel the experience. And that is not so easy.” Writing his memoirs took more than five years, he said.
The book starts with a simple sentence that, Thomas said, sets the tone and marks a beginning: “I was nine years old when I met my father.” But the rest of the story, he said, is about how he kept that fact from being the end of his life story.
Mar
12
Hearsay: Legal Banter From Laymen
Filed Under Hearsay • Leave a Comment
TheRoot breaks the news that while it may be tough to land a BigLaw gig these days, nabbing a clerkship isn’t any easier. Writers there also opinion on the Chrianna domestic violence drama. From our twisted controversial friend JimiIz:
“In a just world, Rihanna’s dad would beat Chris Brown’s ass with an extension cord. Any cop will tell you that this is simply how some lovers get down, and there is nothing anyone can do about it. Some people in love communicate through violence, and for outsiders to interfere could cause more harm than good. As much as I would like to lay hands on any man who would lay hands on my people, I have come to realize that, as long as she is not being raped or otherwise restrained, I have no place interfering in the lives of a man and woman, no matter who the woman may be. That’s hard, but it’s fair.”
JackandJillPolitics gave a shout out to the late Constance Baker Motley, the first black female federal judge and NAACP Legal Defense attorney. They also turn up the volume on Mike Signer, a white candidate for Lt. Gov. of Virginia, who is critical of Virginia’s role in the systemic disenfranchisement of African American voters.
The Atlantic’s Ta-nehisi Coates takes another stab at trying to figure out what Attorney General, Eric Holder, was trying to say in his “race” speech. Coates makes a circle and comes back to his original assessment–it was vague. Coates also turns us on to Iman’s rap impersonation of President Barack Obama.
AOLBlackVoices gives us the tragic tale of a black teenager charged with kidnapping, aggravated robbery and murder of his twin brother during a robbery. Police say they have bloody fingerprints tying the man to the crime scene; however, family members are prepared to testify that the surviving twin was across town at the time of the incident.
Mar
11
In-House Advice: Keep In Touch With Professors, Especially, Barack Obama
Filed Under The Profession • Leave a Comment
That’s the last word on a panel discussion entitled, “The role of the corporate attorney: Going in-house and finding your niche in the corporate world” at the Leadership Institute for Women of Color Attorneys in Law & Business last week at the Atlanta Ritz-Carlton.
On the panel:
Moderator: Horace G. Dawson III, VP, Div. GC Darden Restaurants
Jocelyn Janine Hunter, VP, Legal– Labor Law at The Home Depot
Noni Ellison-Southall, Sr. Counsel Turner Broadcasting System Inc.
Timothy G. Johnson, Gen. Atty.-Labor for AT&T Mobility
From Fulton County Daily Reprt:
“In private practice, the in-house jobs are considered more lifestyle friendly and 9-to-5,” said Johnson. “That is absolutely the opposite of the truth. The in-house environment is very fast-paced.”
He noted some differences. One is a heightened level of expectation. Knowledge of the law is presumed. On-the-spot answers are expected. “The opportunity that you have in a law firm to say, ‘Let me research that and write you a memo’ is not there,” he said.
Another option that ends when an attorney leaves the firm and goes in-house is the ability to “just say no” to a legal question. “You have to give an alternative,” said Johnson. “Your client really expects you to be a partner.”
And because in-house lawyers are really partners in the business, they are much more invested in and affected by the fortunes of the company, according to Johnson. “When you are outside, you move away from losses very quickly,” he said. “When you’re in-house, they stay with you.”
The business nature of in-house work poses challenges for lawyers coming from firms. “How do you become a business partner when you have no business background?” asked Mulrain, who noted that those who had a background in economics or finance might have an advantage, but those subjects are not covered in a typical legal education. “It’s a level of lawyering that we are not taught,” she said. “The lawyers who are the most successful are the ones who do that best.”
She noted that both general counsel and successful law firm senior partners have an intimate knowledge of their clients’ business decisions. “You have to get that through years of experience,” she said.
Corporate legal departments don’t have the resources to train young attorneys the way law firms do, and those who succeed have to find their own way to learn, according to Mulrain. “Let’s not be fooled into thinking that in-house departments are training grounds. They are not,” Mulrain said. “But in a way it was the best thing that ever happened to me. I had to learn how to teach myself, and I’ve never stopped. There’s nothing you can throw at me that I can’t figure out.”
The group also talked about networking and mentoring — part of the purpose of the event. “I think it’s very, very, very helpful to have a mentor,” Hunter said. “Seek them in all facets of your life.”
Ellison-Southall said she had kept in touch with some mentors and professional friends and had benefited from it — including contact with a former professor at Howard University who was the father of Dawson, the moderator. But she had not stayed in touch with all of them, to her regret: “I guess I should have kept in touch with my law school professor Barack Obama.”
Mar
9
Celebs Provide More Work For Attorneys
Filed Under Defame • Leave a Comment
Why is this man smiling? Felony drug charges against Lil Wayne dropped. AJC
Chris Brown declines to enter a plea. Rihanna declines “no contact” order. It’s possible only their lawyers will have careers all this. BlackLegalIssues
Coolio was arrested at LAX on possession of narcotics. Is he on the DMX diet? LATimes
Michael Jackson flips the script, sues auction house to halt sale of ”priceless and irreplaceable” personal items. The auction firm says Jackson’s suit caught them completely off guard. HuffPo
Russell Simmons agrees to give ex-wife, reality TV personality and trinket seller, Kimora Lee sold custody of their children along with $40,000 a month. 11Alive
Charles Barkley begins 3-day jail sentence. In addition to having the sentence reduced, Barkley is likely to loose a few pounds. ESPN
Mar
2
Ron Kirk, nominated as U.S. Trade Representative in the Obama administration, owes an estimated $10,000 in back taxes from earlier in the decade and has agreed to make his payments, the Senate Finance Committee said Monday.
The committee said the taxes arise from Kirk’s handling of speaking fees that he donated to his alma mater, and for his deduction of the full cost of season tickets to the Dallas Mavericks professional basketball team.
The disclosure made the former Dallas mayor the latest in a string of top-level Obama administration appointees found to have underpaid their taxes, following Treasury Secretary Tim Geithner and Tom Daschle, who withdrew as candidate for Health and Human Services secretary. Nancy Killefer, Obama’s pick for chief performance officer, also bowed out amid tax problems.
White House spokesman Ben LaBolt said Kirk was working to clear up “a few minor issues” uncovered by the committee and expressed confidence he would be confirmed.
Mar
2
Sunday’s New York Times featured a delightful story on the courtship and wedding of Christie Love and J. Lee Hill Jr. The two jumped the broom Valentine’s Day Weekend.
About their first encounter:
“I’m thinking to myself, ‘Lord, I hope she comes over and says something to me, because I don’t have the nerve to say anything to her,’ ” he said.
He would later learn that Ms. Love, a Columbia-educated staff lawyer at Advocates for Children of New York, was steps ahead of him. Before inviting him to the event, she had checked out Mr. Hill’s biography on the Web site for Riverside Church in New York, where he is the youth pastor for the 3,000-member congregation. Based on his smiling online photo, she deemed him to be “goofy.” But in person, “he was a lot cuter,” she said.
With a preacher and a lawyer for parents, those kids should have some killer oratory skills. A slideshow of the couple’s ceremony at Riverside Church’s Gothic cathedral and their reception at the River Room in Harlem.
