An Examination of African-American

Students in Law School

Presented

to

Dr. Eric Pratt

by

Stephanie R. Jones

HED 6503

Fall 2007
 Abstract

This project is the student of African-American law students at a private law

school in Mississippi. Student interviews were conducted to gather information related to

the students perceptions of the administration and the role that they play in their success.

Suggestions are offered to the school to support and encourage its minority student

population and aid them in dealing with issues they encounter in their communities. A

dearth of information related to this specific topic as it relates to law students indicates

that more research should be done on this topic to provide a more in depth understanding

of the pressures imposed on these students by society. Interaction with these students

revealed that they are intelligent, ambitious, and productive members not only of their

communities, but society as a whole. Successfully supporting these individuals in their

academic endeavors is an important task for higher education institutions to ensure that

the significant roles they play in society are filled.

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 History

In 1619, the first Africans arrived as slaves in what was to become the United

States of America. Massachusetts enacted the first laws regarding slavery in 1641. Not

until the late 1860s was slavery abolished in the United States. However, it was not until

the Civil Rights movement of the mid-twentieth century that African-Americans were

found to be fully entitled to equal, not separate treatment under the laws of this country.

Prior to the twentieth century, lawyers were trained through apprenticeships.

These apprentices would pay a fee to a practicing attorney and spend time at a law office

reading law books and copying documents. Legal apprentices observed the attorney in

action and participated in small ways in the operations of the law office. Law schools

developed from this apprenticeship system.

After having apprenticed under a practicing attorney, Macon B. Allen became the

first African-American admitted to the practice law in 1845. Allen’s admission was

shortly followed by Robert Morris, who in 1847 was admitted to practice law in

Massachusetts. Having become first acquainted with the law at the age of fifteen, Morris

was employed by a white Boston lawyer as a house servant. This attorney encouraged

him to study the law.

In 1870, Jonathan Jasper Wright was elected to the Supreme Court of South

Carolina; he was the first African-American to sit on any state’s Supreme Court.

However, it was almost one hundred years later when in 1967 Thurgood Marshall

became the first African-American to serve as a justice of the United States Supreme

Court.

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 The first African-American admitted to practice law in the State of Mississippi

was James Henry Piles in1869, he was admitted through the apprentice program. It was

not until 1967, that the first law degree was conferred upon an African-American by a

Mississippi college or university. This first law school graduate was Ruben Anderson

who was also the first African-American to serve on the Mississippi Supreme Court and

the first to serve as president of the Mississippi Bar.

Also significant in the history of legal education in Mississippi is the fact that the

University of Mississippi was one of the first universities in the country to hire an

African-American to serve as the dean of its law school. This occurred in 1994 when the

school hired Dr. Louis Westerfield. Soon thereafter, in 1996 another first occurred when

an African-American was ranked number one in the law school class at the University of

Mississippi.

The only other law school in the State of Mississippi is the Mississippi College

School of Law. The college itself was founded in 1826, but the law school did not begin

until 1930 and was operated as the Jackson School of Law until it was acquired by

Mississippi College in 1975. The first female African-American was not admitted to the

Mississippi College School of Law until 1976. Interestingly enough, this individual is

currently a professor at the law school.

Also significant for Mississippi, is the recognition by historians that the first state

bar association in the United States was organized in Natchez by a group of Mississippi

lawyers in 1821. Additionally, in 1891 the country’s first bar association formed by

African-Americans was organized in Greenville, Mississippi. The preeminent African-

American bar association currently operating in Mississippi is the Magnolia Bar

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Association which was organized in the fall of 1955, shortly after the Brown v. Board of

Education decision was rendered by the United States Supreme Court. The eight lawyers

that founded the Magnolia Bar Association in 1955 were almost all of the African-

American attorneys in the state at that time.

Prior to the civil rights movement, African-American citizens were prohibited

from attending law schools, public or private in Mississippi. Those that desired to

become attorneys were forced to obtain legal education and training in other states or to

participate in an apprenticeship. Knowledge of this history is important if we are to

understand and support today’s African-American law students in Mississippi.

Type of Student

Members of the sub-culture studied were African-American law students. All

possessed undergraduate degrees and would be considered upper-middle class in today’s

society. The students ranged in classification from first-year law students to third-year

law students. Additionally, practicing African-American attorneys were interviewed to

gain an insight into post-graduation perspectives. The majority of the students were

female; male students accounted for only five percent of the studied population.

The ages of the population ranged from twenty-two to twenty-six. Students

participating in the study were of a traditional age for law school, most entered the juris

doctor program immediately after completing their undergraduate degrees. These

degrees covered a vast array of subjects including liberal arts, business, science, and

education. Additionally, the undergraduate institutions attended by this group varied

from historically black colleges and universities, private institutions, to major state

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universities. Most of the students were residents of the same state in which they attended

both undergraduate school and law school.

Interestingly, almost all of the students came from a two-parent home and had

siblings who were also pursuing collegiate education. A majority of the population had

at least one parent who had graduated from college. Several of the students had a parent

or other relative that was an attorney. Less than ten percent of the students informally

interviewed for this project were the first in their family to attend college.

Type of Campus

The student population included in this study attends a private, Christian based

law school which is situated in an urban setting. Of the approximately twenty-five

faculty members only two are African-American, this accounts for less than ten percent

of the faculty population. Both of the African-American faculty members are female;

therefore there is no male African-American on faculty at this law school. The

administration and staff consists of thirty-six members of which only three are African-

American. These individuals are also all female; one is in a support staff position, one is

a recruiter, and the other serves as the director of an administrative office.

The campus is a traditional law school to which most students commute; no

housing is provided on site. Unlike most law schools however, this campus is distinct

from the university’s main campus and is located in the downtown area of a major

metropolitan city. Minimal food and ancillary services are provided on campus.

Nevertheless, a bookstore, coffee shop, and computer labs are available for student use.

Administration, faculty, and student morale at the law school appears to be high.

Students are friendly and appear to frequently and easily interact with one another.

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Observation of the students’ interaction with the administration, faculty, and staff

indicates that they have an affable relationship. However, only minimal evidence of

close relationships was observed.

While the students were observed interacting with the general student population,

most close peer relationships observed were with other minority students. Informal

student groups observed in the casual areas of the law school were almost always

comprised of members of the same race. The integrated groups observed were mostly

same-sex groups. Very little interaction was seen between male and females of opposite

races.

Literature Review

The literature available on the topic of minorities and legal education deals

pertains to the hurdles that these students encounter in gaining access to law schools.

Problems with admissions tests and financial ability are discussed in great detail. The

majority of research information available was focused on undergraduate education and

minority student attrition and success.

Fisher (2007) found that the number of African-American students attending

institutions of higher learning increased almost fifteen percent between 1976 and 2000.

Many of these students were first generation college students that had problems adjusting

to college, had distinct disadvantages from their Caucasian counterparts, and were more

likely to be from low socioeconomic households. Fischer emphasized the importance of

actively participating in the college experience; she found that being actively involved in

school decreases attrition.

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 The quality of the college preparatory education was also found to greatly impact

student attrition and success. Those that are ill prepared for the rigors of higher education

should seek tutoring and other academic support services. According to Fisher, minority

students were more susceptible to any negative racial perceptions on campus. These

negative perceptions increased the odds that the minority students would drop out of the

institution. The suggested course of action includes improving efforts to increase

minority student involvement in campus activities and improving the campus’ racial

climate.

Kezar and Eckel (2007) indicated that college enrollment of African-American

students had increased by more than forty percent between 1993 and 2003. They found

that the academic success of minority students requires institutional commitment and a

coordinated agenda. Further, the authors suggest that institutions undertake five

important steps to aid their minority students. These include: developing systems to

collect and analyze data, learning by listening to their students, constructively use what

they are learning, manipulating challenges into opportunities, and pacing their efforts to

the campus climate. Finally, it was found that a successful institution accentuates the

manner in which diversity enhances student learning.

According to Demaris and Kritsonis (2006) an institution must recognize the

importance of meeting its students’ needs and interests if it is to successfully encourage

them throughout their collegiate experience. As Fisher also found, the authors emphasize

the importance of institutions providing opportunities for minority students to make

connections within the university. A commitment to student success, both socially and

academically, as well as a concerted effort to strengthen student integration into the

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collegiate environment are key tasks that the university must undertake to retain minority

students.

Tovar and Simon (2006) utilized Scholossberg’s transition theory in conducting a

study assessing how students of different ethnicities varied in their academic motivation,

coping skills, and receptivity to support services. This study included minority students

that had been placed on academic probation after failing to successfully adjust to college.

While the study primarily focused on Latino students, it also included findings related to

African-American students. The researchers found that providing an intervention which

addresses the academic and psychological issues which led to the probationary status,

would more effectively address the needs of these minority students.

According to Ulloa and Herrera (2006) there is a lack of faculty mentors for

minority students, and that placing minorities with faculty mentors of the same ethnicity

may be beneficial. They also found that some minority students felt that their non-

academic commitments, including family, community, and ethnic commitments, left

them little time to focus on academics. Ulloa and Herrera conclude that minority

students would benefit significantly from a formal, structured workshop series dedicated

to encouraging graduate school options that utilized minority mentors.

The research of Carter (2006) suggests that a gap exists between minority students

and majority students in the attainment of higher education degrees. Carter examined

studies previously conducted in Indiana which found that a parent’s education level did

not significantly impact whether or not an African-American student would be successful

in college. An adequate financial aid package was an important component that allowed

minority students to overcome the barriers related to their socioeconomic status. Another

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factor reviewed in the study was the availability of advanced courses for minority

students. The conclusions reached by Carter indicate that minority persistence in college

can be directly linked to academic preparation, adequate financial aid, and strong support

networks. Carter believes that unintentional discrimination has hindered minority student

progress and has negatively affected persistence.

Orfield and White’s (2001) work on diversity in the legal education context

explores the impact of diversity on the overall educational experience. The studies were

initially conducted at two highly selective law schools, Harvard and the University of

Michigan. As the study references the Bakke decision, it is important to note that this

work was published prior to the Supreme Courts’ 2003 decision in the Grutter case.

Students were surveyed to determine their perception of the impact of a diverse

population at the law school. The survey found that intellectual discussions between

students was enhanced by the diverse nature of the participants. A significant finding

was that most of the students surveyed reported a change in their values concerning civil

rights.

The LSAC (1992) publication which educates minority students about the

prospect of law school includes valuable insight from various minority lawyers. These

attorneys emphasize the fact that the public’s expectation of these students will change

once they become attorneys. They will be expected to have answers to all legal

questions, to give expert advice, and to be accessible to members of their home

communities.

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 Description of participants & interview format

Three students participated in the formal interview for this project. These

included a first-year law student, a second-year law student, and a third-year law student.

All students interviewed were African-American. Names of potential study candidates

were solicited from the school’s administration. To establish a rapport with the students,

the researcher attended various functions at the law school as well as observed the day-to-

day happenings on campus; formal organizational meetings were also attended.

After having built a superficial relationship with the students, the interview was

proposed as an attempt to learn more about the individuals and their role at the law

school. The project was explained to the participants and informal, face-to-face chat

sessions were held. An email survey was sent to the subjects which they completed and

returned. Follow-up emails and personal meetings were held to finalize the data

gathered.

The first-year student included in the study was a twenty-two year old female.

Having graduated the previous spring from an undergraduate university, she was the

youngest member of the population studied. Her undergraduate degree was in political

science and was obtained from a historically black university. She came from a two-

parent home and had two brothers and a sister. Her mother was a college graduate, as

were two of her siblings. She was the first in her family to attend graduate/professional

school. Physically, the subject was a petite, dark-skinned female. She dressed casually

and often times appeared shy.

A second-year student also participated in the project. He was a twenty-four year

old son of an attorney. His undergraduate degree was obtained from one of the major

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public universities in the state. Not only did he possess a business degree, he was also

contemplating the completion of a master’s degree in business administration, although

he had yet to pursue this endeavor at the time the interview was conducted. Both of his

parents had college degrees and were working in professional fields. He had only one

sibling who is currently attending high school.

Finally, a third-year student was interviewed. She was a twenty-four year old

student leader on campus. Having come from a single-parent home, she was somewhat

unlike many of the other African-American students at the law school. This student was

preparing to graduate in the spring and pursue a job in a major law firm in the state. She

had top grades and had previously clerked at a prestigious firm. While all of the students

interviewed appeared to be clean-cut, this student in particular stood out by being

professionally dressed and always appearing to be very composed. This student had

excellent diction and was very aware of how she comported herself.

All of the students interviewed were receiving partial scholarships to attend law

school. Two of the students were also utilizing financial aid to cover their educational

expenses. None of the students were married, but one was involved in a serious

relationship. All anticipated being married and having children sometime in the future.

Interview findings

Formal questions posed to the students included the following:

(1) What do you think are the primary needs of students in law school? (2) What

particular needs do minority students have? (3) What actions have the school taken to

meet the needs of its minority students? (4) Which of these actions have been successful

and which have been failures? (5) What do you believe is the administration’s general

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perception of the minority students at the law school? (6) What pertinent information do

you believe the administration lacks regarding the school’s minority students that would

enable them to better serve you? (7) How do you think this information would be best

shared? (8) What do you wish you had known before you began law school? (9) Who do

you believe should have shared this information with you? and (10) If you had another

opportunity to make the decision to attend law school at this institution, would you still

choose to do so? Why?

Overwhelmingly, the participants indicated that they had the same needs as all

other students. They believed that the law school was responsible for providing them an

excellent legal education. This education should prepare them for the bar exam, for the

active practice of law, and to become responsible members of the legal profession.

Concerns were expressed when discussing being singled out as minorities for special

services. The students desired to be viewed as exceptional, but wanted any merit granted

to them to have been earned. All were proud of their accomplishments heretofore and

had high ambitions for continued success.

All of these students admitted to having contemplated dropping out of law school

at one point in time, however they persisted for various reasons. The first-year student

worried about the impact that dropping out would have on her family as she was the first

to pursue post-baccalaureate studies. Additionally, she indicated how proud her parents

were of her and how they had discussed the fact that they had a daughter in law school to

anyone that would listen. At the time of the interview, she was proud of herself for

staying in the program and hoped that her reservations were behind her.

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 The only issue on which all three of the students felt that minority students were

distinguished from other students as far as its interaction with the faculty and

administration were concerned dealt with the lack of minority employees at the law

school. The students believed that more minority members on the faculty, staff, and

administration would be better able to relate to them and provide a more relevant

educational experience. They were all cognizant of the fact that the student body

consisted of roughly ten percent minority students, however only the third-year student

was acutely aware of the number of minority employees at the school.

None of the students could indicate any specific actions that the school had taken

to meet the needs of its minority student body. However, both the first-year and third-

year students mentioned that the administration appeared to be supportive of the minority

student organization. The second-year student did not believe that any overt actions were

necessary, although he felt that the school did a good job of equally treating the students

and meeting their needs.

The first-year student believed that the administration valued its minority students

and were proud of the diverse nature of her class. The second-year student felt that the

administration perceived the minority students as an important component to an urban,

legal education, but did not specifically pigeon-hole the minority students to fit

preconceived notions. Finally, the third-year student believed that the administration

actively promoted its minority student population through its encouragement of

participation in competitions limited to African-American students.

Once again, all of the students identified a lack of minority representation on the

faculty and administrative body, but they indicated that this had not held them back

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individually from being successful in law school. The biggest concern was a perceived

lack of administrative understanding of the societal and community pressures faced by

minority students. However, none of the surveyed students were able to provide

suggestions on how to promote understanding of this issue other than by listening to

students and reading the relevant minority literature. Most felt that the majority

Caucasian administration could never truly understand this issue.

The information each student wish he or she had prior to attending law school

varied. The only male student interviewed indicated with a smile that he wish he had

known that so many of his fellow African-American classmates would be female.

However, on a serious note he wished that the competitive nature of the job market had

been more fully explained to him prior to entering law school. The first-year student

wished that someone had told her how much time she would spend studying and how

smart everyone else in her classes would be. She stated that she had been quite humbled

by the experience so far.

The soon-to-be graduate expressed her opinions regarding the cost of the

program and the expected salary levels for the available jobs. It was no surprise that she

was more concerned with the job market than the educational experience. All of the

students believed that this information should have been forthcoming from friends,

family members, and the school itself. They did not believe that receiving this

information from any one person would have made an impact on them.

If they had to make the choice to attend law school all over again, all three

students would have made the same decision. However, the third-year student did

15
indicate that she would have more closely looked at the costs of attending a private

school versus that of attending a public university.

Interpretation and analysis

Overwhelmingly, the students surveyed felt that they were above all things – law

students. While they were cognizant of the fact that they were minority law students,

they did not believe that they should be singled out for any disparate treatment by the

administration. They wanted to be considered as equals with their classmates.

The biggest challenged faced by these students was societal pressure from the

African-American community. As future attorneys, they will be expected to advise

members of their community and have answers to all of life’s’ questions. This is a

daunting prospect but one that all of the students seem to be aware. They see one of their

biggest challenges as sensitizing the law and the legal profession to the diverse needs of

the African-American community. As members of the Black Law Student Association,

all of the participating students were active in community service and outreach projects.

The community continues to demand assistance from these individuals with the

continued civil rights movement, enabling financial stability, and ensuring that minorities

have access to the justice system. These students have undertaken several key projects

including: diversity education, building professional, social relationships, promoting

“black history”, and serving their community through food and clothing drives. Knowing

that these initiatives are the first steps they will be taking in a life-long career in which

people will look to them for help.

For schools to adequately express these concerns, I believe that research is needed

to gain a better understanding of what the African-American community expects from

16
minority attorneys. This information should be reviewed and appropriate education

efforts undertaken to address the unrealistic expectations of society. Additionally, the

realistic goals should be specifically addressed and included in the educational offerings

the law schools provide.

Policy Recommendations

The law school from which the participating students hailed should make an effort

to increase the number of African-Americans it has on staff. They should especially try

to recruit African-American males. Based on the students’ comments, the law school is

doing an adequate job of meeting their minority students’ needs. However, the school

should adopt efforts to counsel these students on the unrealistic nature of some of their

communities’ expectations and help them to effectively adjust to their soon-to-be new

roles as African-American attorneys.

Of significance, is the students’ expectation that they law school personnel treat

them as equals to their Caucasian peers. The students do not want to be perceived as

having received differential treatment, whether preferential or not. However, they

students do expect to receive outstanding treatment, but consider this a requirement of all

other students as well.

Conclusion

African-American law students share many of the same concerns of their

Caucasian counterparts. The main difference observed were the societal pressures they

feel. Additionally, these students believe that the law school which they attend should

have an administration, faculty, and staff that are representative of the student body. It is

important to these students that there is a person or persons that can relate to them as

17
African-Americans as well as professionals. These students have little complaint with

the status quo and desire to be treated as an individual, but not a minority individual.

They want to be considered of the same caliber as their non-minority peers. To increase

retention and student success, law schools need to address the societal pressures faced by

their African-American students.

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 References

Brown, R. (2006) History of the Magnolia Bar Association. Retrieved November

11, 2007, from the Magnolia Bar Association’s Website:
http://www.realpagessites.com/magnoliabarassociation/page3.html

Carter, D. (2006, January 1). Key Issues in the Persistence of Underrepresented

Minority Students. New Directions for Institutional Research, 2006(130), 33. (ERIC
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Demaris, m. & Kritsonis, W. (2006, November 1). A Philosophical Approach to

Minority Student Persistence on a Historically Black College and University Campus.
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Fisher, M. (2007, January 1) Settling into Campus Life: Differences by

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Law School Admissions Council, N. (1992, January 1). Thinking about Law
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The Mississippi Bar Association (2007) MS Bar History. Retrieved November

11, 2007, from The Mississippi Bar Association’s Website:
http://www.msbar.org/history.php

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 Orfield, G., & White, D. (2001, January 1). Diversity and Legal Education:
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