Racism, Lawyers, and Mental Health
The law is a racist system. We have to admit that and use it as a starting point. Some might hem and haw, or argue that justice is color blind, but that just isn’t the case. From mandatory minimums that often disproportionately impact BIPOC communities, to internal biases in the minds of judges, attorneys, and jurors, to over-policing in neighborhoods of color, to the high bar of qualified immunity experienced by police officers, the fact is there are so many layers to the racism that is baked into the legal system.
That said, I’d like to believe that many attorneys want to make the profession better, to make it less racist. I’d like to believe that despite our internal biases, we are trying to improve ourselves and our profession. That said, I think it is important to pause and acknowledge not only the systemic racism in the system but the impact that has on our mental health.
It might be the young prosecutor who genuinely cares about reducing crime in his community, but is forced to prosecute individuals of color harshly thanks to the way the law is written. It might be that same prosecutor’s reaction to being a part of a criminal justice system that produces such horrific results in cases like Tyre Nichols or George Floyd. It is okay to acknowledge the toll that it takes if you are impacted by it.
The first step to solving any problem is recognizing the problem for what it is. The LegalMind Society attempts to do that with the problem of mental health in the legal profession. Yet we cannot do that without also acknowledging the impact of systemic racism on the legal profession.
We know too that such systemic racism impacts mental health in negative ways, particularly for vulnerable communities. It might be the Asian-American LGBTQ woman trying to break into the partner track of a predominantly white law firm. It might be a junior associate who is passed over for recognition because of the color of his skin. Because systemic racism isn’t just impacting our clients, but our professionals.
The American Bar Association’s “Profile of the Legal Profession’s 2020 Report” revealed some troubling numbers. Specifically, it found that:
The number of female lawyers in the U.S. has only increased 6%, from 31% to 37% between 2010 and 2020.
89% of all lawyers were non-Hispanic whites in 2010. Ten years later, the percentage only decreased by 3%.
In 2020, as in 2010, only 5% of all lawyers were African American.
The report also found 4 of 5 judges were white (as of 2020) and the percentage of African American judges actually dropped from 10.8% to 9.8% from 2016 to 2020.
If such systemic issues are holding back the professionals in our field, it becomes even clearer that this isn't just about those accused of crimes, it isn’t just about our clients. It is about the core of our profession, a profession that, as previously noted, has not just a racism issue, but a mental health issue.
This post is just barely scratching the surface of what needs to happen. My hope is that it is more than just informative, it is a conversation starter, one that this profession desperately needs. We need to have honest conversations about both the racial issues in our profession, as well as the mental health ones if we are to fully understand both problems, including understanding how they impact each other. Only then can we work towards a solution. And like I said, hopefully, this is a start.