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Law Practice

Apr. 11, 2024

Why Black woman attorneys are motivated to start their own firms

With the constant evolution of legal standards and conditions, it’s imperative for those of us in the legal profession to regularly reassess our motivations for entering this field. This self-reflection enables us to navigate the changing landscape effectively and ensure our continued presence.

Selwyn D. Whitehead

Founder, The Law Offices of Selwyn D. Whitehead

Shutterstock

Based on research that I gleaned from a variety of business-related sources over the last 40 years, such as academic journals, market research reports and case studies, in addition to my own experiences and observations, the common high-level reasons entrepreneurs start a business include:

1. Autonomy: Entrepreneurs often seek the freedom to make their own decisions and be their own boss.

2. Flexibility: Owning a business can sometimes offer more flexible work hours and work settings.

3. Financial Potential: The opportunity to earn potentially unlimited profits can be a strong motivator.

4. Passion: Many entrepreneurs are driven by their passion for a particular idea or sector.

5. Innovation: Entrepreneurs might start businesses to bring new products or services to the marketplace.

6. Opportunity: Sometimes, entrepreneurs see a gap in the marketplace that they believe they can fill.

7. Challenge: The challenge of starting and growing a business can be appealing to some.

8. Impact: Starting a business can be a way to make a positive impact on a community or solve social problems.

So, what are the motivational factors that distinguish Black entrepreneurs from those of the general business population?

Entrepreneurs from different cultural backgrounds are motivated by a variety of factors, including some of those listed above. However, it has been my observation that we Black entrepreneurs also have unique drivers for starting businesses. These motivations can be influenced by both our individual aspirations and the systemic conditions that pervade our economic environment, including:

1. Addressing Underrepresentation: We Black entrepreneurs may be motivated to start businesses due to a lack of representation in certain industries and/or professions, seeking to create opportunities within our communities and to serve as role models for our children and grandchildren.

2. Community Impact: There's often a strong desire to give back to our communities, create jobs, and provide services tailored to our communities' needs.

3. Economic Empowerment: Starting a business can be seen as a pathway to financial independence and a method to combat the economic disparities we face.

4. Cultural Expression: Many Black entrepreneurs are driven by the desire to express our cultural heritage through our business ventures, preserving and promoting cultural traditions.

5. Overcoming Barriers to Employment: Systemic racism, sexism and misogyny in the traditional job market may lead some of us Black folk to pursue entrepreneurship as a way to circumvent these barriers.

6. Innovation: Some of us Black entrepreneurs start businesses to bring new solutions to systemic problems affecting our communities through innovative products, services, or via unique business models.

7. Legacy Building: There's often a focus on creating a lasting legacy that can provide security for future generations.

8. Alternative Path to Success: Some of us Black entrepreneurs view business creation as an alternative path to success outside of the traditional employment routes, which we have observed to have severe upward mobility limitations and outright roadblocks, aka as the various gender- and race-based glass ceilings we continue to encounter.

It goes without saying that these insights are intended to provide a general overview and do not apply to all Black entrepreneurs; but I'll say it here anyway, for clarity's sake.

Black entrepreneurs must demonstrate both willingness and commitment to confront and surmount the diverse array of challenges that lie ahead.

Black entrepreneurs will likely face a range of unique obstacles in starting and maintaining a business. Understanding these challenges is crucial for both mitigating their impact and developing strategies that can result in ultimate success. Here are some of the common obstacles I have observed in my own careers and business ventures along with some potential ways to overcome or at least mitigate them:

Obstacles:

1. Access to Capital: Difficulty in securing funding from traditional banks and investors is a well-documented challenge. This can and does impact our ability to start or expand our businesses.

2. Network Limitations: Limited access to robust business networks can restrict opportunities for mentorship, partnerships, and customer acquisition.

3. Market Perception: Bias and stereotypes can impact customer perceptions even in our own communities and hinder market penetration or business growth.

4. Disparities in Resources: Less access to high-quality resources such as business and legal education, training, and strategic locations can be limiting.

5. Systemic Inequality: Broader systemic issues can and do influence everything from our credit scores to our access to affordable and available business insurance products to our ability to secure business leases at market rates.

Strategies for Overcoming Obstacles:

1. Alternative Funding: We must pursue alternative funding avenues such as crowdfunding, angel investors who focus on minority- and female-owned businesses, or grants specifically designed for Black entrepreneurs, such as some of those offered by federal, state, and local governments; grants offered to us not as charity or a form of "reverse discrimination" against white entrepreneurs, but to increase and enhance the governmental entity's tax base while being a catalyst for fuller employment in historically underserved or economically neglected communities.

2. Community Engagement: Engage with local community groups, business associations, and entrepreneurship incubators that focus on supporting Black-owned businesses.

3. Networking: Actively build a diverse network by collaborating in the production of and attending industry events, joining professional organizations, and leveraging social media platforms to connect with peers, potential mentors and potential customers and clients.

4. Education and Training: Take advantage of educational resources, workshops, and mentorship programs offered by non-profit organizations and government agencies targeting Black-owned businesses.

5. Partnering and Collaboration: Look for opportunities to collaborate with other businesses to expand our reach, share resources, and build credibility in the marketplace.

6. Brand Building: Develop a strong brand that resonates with core audiences and clearly communicates the unique value proposition of the business.

7. Advocacy: Participate in policy discussions, development, and advocacy efforts that aim to address systemic barriers for persons of color and female entrepreneurs.

8. Customer Experience: Prioritize the customer experience to build a strong reputation and create word-of-mouth referrals.

Each of these strategies must be tailored to the specific circumstances and business goals of the specific entrepreneur. Additionally, creating supportive networks among Black entrepreneurs can help to share knowledge, resources, and experiences needed to collectively overcome the identified barriers.

Black professionals, such as those of us in the legal profession, must also be willing to face and overcome the challenges we regularly encounter.

Black attorneys who open their own law practices face similar challenges to those encountered by Black entrepreneurs in other fields. However, the legal industry presents unique challenges, and opportunities for success:

Obstacles:

1. Representation in the Legal Profession: While the legal profession's diversity is said to be improving, Black attorneys of all stripes, and especially Black female attorneys, still face underrepresentation which can impact potential clients' perceptions and professional networking opportunities.

2. Securing Capital: Initial funding for starting a practice and/or fund litigation can be limited, impacting our ability to afford office space, hire staff, or invest in marketing.

3. Building Clientele: Cultivating a steady stream of clients can be difficult without an established and well-maintained reputation or network.

4. Access to Mentors: Finding mentors who have had similar experiences and can provide relevant guidance may be more challenging.

5. Inherent Bias and Tribalism of the Existing Benches and Bars: It has been my experience, that many, if not most of us Black lawyers who come into court, bankruptcy or otherwise, find a legal system that is overwhelming run by upper-class white men from privileged backgrounds, who while well-educated on the law have no idea of what it is like to be a person of color, lawyer or not, or of any other economic or social strata in America. As a result, I am left to conclude that some leaders in our judicial system are inherently biased, whether the bias is consciously or unconsciously exhibited. This is most aptly articulated when a Black lawyer attempts to enter a new jurisdiction or new practice area, such as bankruptcy, where a Black woman attorney may find herself being "home-towned" by the existing tribe of lawyers and some judges who will do all that they can to make it difficult for her to make a living in the new jurisdiction or practice area.

Strategies for Success:

1. Niche Specialization: We must consider specializing in areas of law that serve the needs of underserved communities or capitalize on our unique strengths, talents, and experiences.

2. Community Engagement: We must build relationships within our community by offering services like free legal clinics, workshops, or speaking engagements, which can establish our presence and expertise.

3. Networking: We must leverage local bar associations, including those focused on Black attorneys, to build a network, find mentors, and create referral sources.

4. Leveraging Technology: We must use technology, such as well-trained and monitored generative artificial intelligent-based legal assistants, to streamline our operations and offer convenient, efficient services that differentiate our practice from others.

5. Building a Strong Brand: We must develop a clear brand that communicates our values and the unique benefits of our practices, such as the Selwyn's Law radio show and podcast. It's also important that we invest in a professional website, SEO, and also by publishing articles and essays in mainstream and legal media to showcase our legal expertise and credibility, while enhancing our online visibility.

6. Client Experience: We must focus on providing exceptional service to each and every client to the best of our abilities, even in less-than-optimal circumstances, which can lead to repeat business and referrals - key growth drivers for any law practice.

7. Partnerships: We must consider building strategic partnerships with other law firms or lawyers that can expand our service offerings and client base.

8. Continual Learning: We must stay updated with the latest laws, trends, and technologies in the legal field to provide cutting-edge services to our clients.

9. Business Skills: As a law firm owner, we must develop strong business acumen, including marketing, finance, and operations, in order to run our practices effectively.

10. Mentorship and Sponsorship: We must seek out mentors who can provide guidance and act as sponsors within the legal community. And when we can't find a mentor, we must learn to be our own best well-reasoned advocate and confidant.

11. Tenacity and Stick-to-itiveness: We must keep our "eyes on the prize," which was and always should remain our ongoing goal to first start and then maintain or even grow our law practices so we can provide the client services needed by our communities and beyond, while satisfying our entrepreneurial need that made us open our doors in the first instance.

Black- and female-legal services entrepreneurs in California need to remain adaptable and seek opportunities for growth through technologically-enhanced efficiencies and life-long learning to survive in the evolving legal profession. Recent court decisions have overturned decades-old legal precedent, highlighting the need for continuous adaptation and growth.

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