Law Schools, Minority Issues

Law School Blaxploitation: Who Should Help Minority Law Students Overcome Their Obstacles?

As applications fall, some law schools have been increasing their recruitment of minority students -- and columnist Shannon Achimalbe is torn about these efforts.

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Some time ago, I went to Sunday service at an African-American church. It was during the aftermath of numerous fatal shootings of young black males by police officers in various parts of the country. The local community, predominantly African-American, was outraged that most of the officers involved were not punished. So when the senior pastor approached the pulpit, I expected him to echo the community’s anger with a call for action by any means necessary.

But he did not do that. Instead, he urged the congregation not to let the highly publicized actions of a few overshadow the good reputation of the many police officers who risk their lives to protect the defenseless. Later, he said that more black lawyers were needed to serve as role models, to educate the public about their legal rights, and to protect the public from overzealous police and the intimidating criminal justice system.

After the service, some of the younger members of the congregation approached me and asked for advice about going to law school. A few told me that some schools have tried to recruit them and offered diversity scholarships if they attend. I told them that being a lawyer is not glamorous, law school is very expensive, and it is very difficult to find a job after graduation. Also, they did not have to become lawyers to understand their legal rights and serve the community. Finally, I warned them to do their research before making a decision. I don’t know if I got through to them but I did my best.

Because of declining enrollment, some law schools have been increasing their minority recruiting efforts to recoup the revenue shortfall. While some have criticized this as being desperate, opportunistic and exploitative, I am torn.

On one hand, this may be the best chance to increase the number of minority lawyers in the country. The few with elite pedigrees will join their white colleagues in Biglaw helping their rich masters stay rich. But the rest are more likely to enter public service work, serve the middle class, and help low-income clients. Even though they have lower GPAs and test scores, they make up for this eventually by learning through experience.

But on the other hand, admitting underprepared minority students with little to no job prospects will put them in a worse financial situation than they were in before. The After the JD II report indicates that blacks and Hispanics have the highest amount of law school debt (see page 80). Unsurprisingly, only 17% of black lawyers and 29% of Hispanic lawyers were able to pay off their student loans. This is relatively low considering that 37% of white lawyers and 47% of Asian lawyers have broken their student loan shackles (see page 81).

To make things worse, blacks and Hispanics coming out of subpar schools will have a harder time finding jobs that will enable them to pay off their loans and live a comfortable lifestyle. Many will also have difficulty passing the bar exam. This combination of higher student loan debt and lower job prospects ensures that a disproportionate number of minority graduates will be enslaved with lifelong student loan debt.

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If these law schools are serious about improving diversity in the legal profession, the right thing to do would be to give substantial assistance to minority students from lower socioeconomic backgrounds. This means awarding large scholarships for all three years of law school, tutoring, mentoring, and connecting them with recruiters seeking to increase their firms’ diversity efforts or to those willing to give promising underdog candidates a chance.

But this is easier said than done. More tuition scholarships means less money to pay the law school’s operating expenses. If most of their graduates enter public service work or small firms, their modest salaries will prevent them from donating to their alma mater.

Also, the other students will resent the special treatment that their minority classmates are receiving. Those who are paying full tuition will think it is especially unfair that they have to sacrifice for the good of society by subsidizing the education of someone with inferior credentials. A brave few may openly speak out at the risk of being called racist. But the silent majority will simply make plans to transfer their tuition money elsewhere.

Because of this apparent conflict of interest, I suspect that most schools will do little more than give lip service to minority students during the application stage but will throw them into the 1L gladiators’ pit after their student loan checks clear. Will they be required to maintain a 3.999 GPA to maintain their need-based diversity scholarships? And will they have to compete in the same class section against Privileged Pierce, Trust Fund Tanisha, and the other gunners?

It will take a village to help minority students navigate through the law school bureaucracy and graduate with minimum debt. Law schools can only do so much. Practicing attorneys, ethnic bar associations, pre-law counselors, parents and community leaders have a role to play. I’m sure elder lawyers have heard on countless occasions about the importance of mentoring law students. But more needs to be done. Lawyers should educate parents and college guidance counselors about the current state of the legal profession and the effect of large student loans on young attorneys. Lawyers and law students should reach out to law school applicants and help them choose the right school and negotiate down tuition.

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I noticed that many ethnic bar associations provide scholarships for their law student members. Some are quite generous but many are paltry amounts that will barely put a dent on the recipients’ final student loan bill. What these bar associations should do instead is assign an advocate-mentor to a law student to help her negotiate down tuition and complete transfer applications. It costs the bar association nothing, it provides an opportunity for a lawyer and a law student to work closely together for a few months, and if they are successful, the law student will be grateful.

I wonder what is more insulting to minorities: denying them an opportunity to become a member of an elite a profession, or making lofty promises to idealistic college graduates, charging them exorbitant tuition and fees, and then leaving them to fend for themselves in a difficult, status-obsessed job market burdened with the nondischargeable bondage of student loans? If law schools want to admit more minorities to make their student bodies more diverse, then that is great. But the local legal community should step in and look out for these minority students so they will not be left hanging.

Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at [email protected] and via Twitter: @ShanonAchimalbe.

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