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Lawyers and attorneys Biogarphy

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For a well-researched and engaging comparative study of women lawyers in Europe and the United States, see MARY JANE MOSSMAN, THE FIRST WOMEN LAWYERS: A COMPARATIVE STUDY OF GENDER, LAW AND THE LEGAL PROFESSIONS (2006), [hereafter MOSSMAN, THE FIRST WOMEN LAWYERS]. See generally Carol Sanger’s Curriculum Vitae (Feminae): Biography and Early American Women Lawyers, 46 STAN. L. REV. 1245 (1993) which challenges women biographers to “present and accept early women subjects on their own complex terms.” Professor Sanger was reviewing JANE M. FRIEDMAN, AMERICA'S FIRST WOMAN LAWYER: THE BIOGRAPHY OF MYRA BRADWELL (1993).
MOSSMAN, THE FIRST WOMAN LAWYERS, writes about Louis Frank, author of The Woman Lawyer, 3 CHICAGO LAW TIMES 74; 1201;253; 382 (1889) (translated by Mary Greene, an American woman lawyer. For more on Greene, see entry below). Frank was a Belgian lawyer who not only wrote this long piece but also participated in the efforts of women to join the Bar in France, Belgium and Italy. He corresponded with the famous women lawyers in America in the late nineteenth century, including Lelia Robinson, Belva Lockwood, Mary Greene and Clara Foltz. From their reports to him of their own success and reception at the Bar, he wrote in 1898 that women were fully accepted as lawyers in the United States. MOSSMAN, THE FIRST WOMEN LAWYERS at 56-57. Mossman also has a fascinating chapter on Louis Frank’s role in the European movement for women’s right to practice law, at 239-268.
Women Criminal Defense Lawyers
On the contributions of women criminal defense lawyers in the West in the nineteenth century, see Babcock, Women Defenders in the West, at WLH Website. On the acceptance that early women lawyers found in Western states, see Babcock, Western Women Lawyers, at WLH Website. Karen L. Tokarz, A Tribute to the Nation’s First Law Students, 68 WASH U. L.Q. 89 (1990) discusses Phoebe Couzins and Lemma Barkeoo, who in 1869 attended the St. Louis Law School, now Washington University.
The 1920s and 1930s in Boston, D.C., and Chicago
For an account of women in the legal profession in the 1920s and 1930s in Boston, Washington D.C., and Chicago, see RONALD CHESTER, UNEQUAL ACCESS: WOMEN LAWYERS IN A CHANGING AMERICA (1985). For an analysis of women within legal education, see D. Kelly Weisberg, Barred from the Bar: Women and Legal Education in the United States, 1870-1890, 28 J. LEGAL EDUC. 485-507 (1977). DAWN BRADLEY BERRY, THE 50 MOST INFLUENTIAL WOMEN IN AMERICAN LAW (1996) and MARY L. VOLCANSEK, WOMEN IN LAW: A BIO-BIBLIOGRAPHICAL SOURCEBOOK (1996) provide brief biographies of the lives and careers of present and historical women lawyers. On the unique experience of women lawyers in Hawaii, see CALLED FROM WITHIN: EARLY WOMEN LAWYERS OF HAWAII (Mari Matsuda ed., 1992); see also Babcock, Remarks on the Occasion of the Publication of CALLED FROM WITHIN: EARLY WOMEN LAWYERS OF HAWAII, at WLH Website. For an illuminating study of the race and gender dimensions of the legal profession, see REBELS IN LAW: VOICES IN HISTORY OF BLACK WOMEN LAWYERS (J. Clay Smith, Jr. ed., 1998).
Women and the Bar
On women at the Supreme Court Bar, see Alice L. O’Donnell, Women and Other Strangers Before the Bar 59, in YEARBOOK OF THE SUPREME COURT HISTORICAL SOCIETY (1977); Mary L. Clark, “The First Women Members of the Supreme Court Bar, 1879-1900,” 36 SAN DIEGO L.REV. 87 (1999). “Women as Supreme Court Advocates, 1879-1979”, JOURNAL OF SUPREME COURT HISTORY (2005).
Probably the earliest scholarly article about women lawyers is Martha Strickland, The Common Law and Statutory Right of Woman to Office, 17 AM. L. REV. 670 (1883). See Carolyn Jacobs, Martha Strickland (Clark) (2005), at WLH Website, for more on the life of this pioneer Michigan lawyer. Strickland discussed the court cases brought by Belva Lockwood, Myra Bradwell, Lavinia Goodell, and Lelia Robinson in their efforts to join the Bar, but did not mention Foltz and Gordon, presumably because they went directly to the legislature to gain admission rather than trying to establish a common-law right in the courts.
A Chicago lawyer, Ellen Martin, wrote Admission of Women to the Bar, 1 CHI. L. TIMES 76 (Nov. 1886). She said that regardless of the statutory scheme for Bar qualification — whether dependent on elector status, on male sex, or simply personhood —women were easily integrated in most places. Martin mentioned Foltz and Gordon in California, however, as an exception to the states which readily accepted women.
In 1890, Lelia Robinson published Women Lawyers in the United States, THE GREEN BAG (1890). See Barbara A. Babcock, Making History: Lelia Robinson’s Index to American Women Lawyers, at WLH Website, (introducing a modern reprint of the original article and explaining the achievement of the article). A year later, Ada Bittenbender, the first woman lawyer in Nebraska, wrote a chapter on Woman in Law, as one of eighteen essays in WOMAN’S WORK IN AMERICA (Annie Nathan Meyer ed., 1891). Foltz’s stories have a prominent place in the chapter, pp. 237-39. Other essays deal with women’s advances in education, in philanthropy, and in industry.
Frances Willard published a similar volume to Meyer's in 1897 entitled OCCUPATIONS FOR WOMEN (1897) which has a chapter on Women at the Bar. It does not mention Foltz, however. INEZ HAYES IRWIN, ANGELS AND AMAZONS: A HUNDRED YEARS OF AMERICAN WOMEN 172 (1933) tells story of admission to the Bar by Bittenbender and others. THERON STRONG, LANDMARKS OF A LAWYER’S LIFETIME 407 (1914) describes “the resistance of the public, determined opposition from the bar and actual hostility from the bench” that early women lawyers faced. Strong predicted that women will never be a big part of “the legal fraternity.” Id., at 414.
Women Lawyers and the Women's Rights Movement

The degree to which the early women lawyers were part of the more general movement for women’s rights has been a subject of discussion and debate. In reviewing Drachman’s SISTERS IN THE LAW, for instance, I argued for more emphasis on the connection between the women’s rights movement generally and the efforts of women to become lawyers. Feminist Lawyers, 50 STAN.L.REV.1689 (1998), available at WLH Website. Indeed, as to most of the first women lawyers, my research and that of my students (see Pioneer data base at the WLH Website) has revealed an active women’s rights advocate in virtually all of the women. Indeed, many, if not most, were suffragists.
Mossman, WOMEN lAWYERS, on the other hand, urges that Drachman draws too close a connection between the movement for legal and political equality and that for access to the legal profession, in particular in placing the women lawyers at the center of the women’s movement. She calls for a more nuanced assessment of the relationship, and posits that studying individual lives reveals that “women lawyers identities as professionals may have weakened the ties” between the lawyers and other activists, at 62-63.
On the need to study individuals, Mossman approvingly refers to Carol Sanger’s Curriculum Vitae (Feminae): Biography and Early American Women Lawyers, 46 STAN. L. REV. 1245 (1993) which challenges women biographers to “present and accept early women subjects on their own complex terms.” (Professor Sanger was reviewing JANE M. FRIEDMAN, AMERICA'S FIRST WOMAN LAWYER: THE BIOGRAPHY OF MYRA BRADWELL (1993). I do not disagree with this approach, indeed I applaud it and engage in it myself. But my research of individual lives reveals that any weakening of the ties between women lawyers and activist women generally happened in the twentieth century, after women had won suffrage, and it failed to change their political or professional situations as drastically as they had thought and hoped it would.
Excerpt from Feminist Lawyers
Here is a three paragraph summary of the relationship between women lawyers and the larger women's rights movement, especially that for suffrage. Babcock, Feminist Lawyers at 1702-03:
“[M]ost] women lawyers believed that the vote would almost instantly change their professional status. In 1920, the year of the federal amendment, survey responses of 190 women lawyers revealed only 12 percent who thought suffrage inconsequential to their professional efforts. Citing Drachman, Sisters at 183 (12 percent of 1, 738 total women lawyers according to the 1920 census). "Some among the optimistic majority focused on the intangible benefits of suffrage, they viewed the vote as empowering women lawyers and as therefore enhancing their status and respect. Others ...tied suffrage to their desire to run for public office or to win appointments to positions in the courts.”
“All such hopes were quickly dashed as political equality, so closely tied to jury service and women's professional advancement, had little impact on either. From these disappointments was born the first real divergence between feminism and professionalism. Professor Nancy Cott in The Grounding of Modern Feminism explains that once suffrage was achieved, women professionals put aside the special concern for women that defines feminism, and focused instead on the "neutral and meritocratic ideology" of the professions to mark their progress.” [See Nancy Cott, THE GROUNDING OF MODERN FEMINISM 1987) 233-234. Professor Cott conceptualizes the conflict between feminism and professionalism as being masked during the struggle for the vote, but always having an appeal with its "potent" promise "to judge practitioners on individual merit as persons (not as men or women) in the dispassionate search for truth and usefulness. Id., at 237.]”
“Not that women, especially women lawyers, had any real choice in the matter; they were so few, and once assimilated to the ethos of individual merit, so removed from each other. As Professor Cott observes: "Without the meritocratic pretensions of the professions women had no warrant for advancement or power within them at all." Thus did women take up "the professional credo that individual merit would be judged according to objective and verifiable standards, and clung to it "even when they saw it travestied in practice." Id., at 234.
As indicated in the passage above, this is less a serious disagreement than a matter of interpretation of a history whose particulars are still being uncovered. I don’t think the discussion has been much forwarded by the associated debate over whether the nineteenth century women lawyers can properly be called “feminists.” My view is that a woman who became a lawyer in the nineteenth century was directly challenging male supremacy and putting herself on the line to overcome it. That made her, by definition, a feminist even if the word did not come into general usage until early in the next century. See Introductory Note, supra: Feminism and Women’s Rights: Nomenclature. Nancy Cott defines feminism, as above. She also argues against too broad categorization, and especially against the division of women into “social feminists” and other movement women interested only in their own rights. Nancy Cott, What's in a Name? The Limits of 'Social Feminism': Or, Expanding the Vocabulary of Women's History, 76 J. AM. HIST. 809 (1989).
For additional information regarding the connection between women lawyers and the women's rights movement, see discussion under Women's History: 'Feminism' and Women's Rights: Nomenclature
Individual Women's Biographies
Myra Bradwell
For more information, see Myra Bradwell at the Women's Legal History website.
For more information, see Babcock, First Woman, at nn.157-160; JANE M. FRIEDMAN, AMERICA'S FIRST WOMAN LAWYER: THE BIOGRAPHY OF MYRA BRADWELL (1993); Nancy T Gilliam, A Professional Pioneer: Myra Bradwell's Fight to Practice Law, 5 L. & HIST. REV. 105 (1987); Dorothy Thomas, NOTABLE AMERICAN WOMEN (Bradwell entry); Jeanine Becker, Myra Colby Bradwell: Sisterhood, Strategy & Family, (1997); E. Rae Woods, Myra Colby Bradwell: “A Living Example”, (2006) at WLH website.
Bradwell edited the Chicago Legal News, the most important legal publication west of the Mississippi. In many of the issues, she covered the activities of women lawyers. Bradwell and Foltz met on several occasions and Bradwell took credit for Foltz’s invitation to speak at the Congress of Jurisprudence and Law Reform. See Chapter Six and Note: Women at the World’s Fair. Bradwell herself was responsible for many of the gains of women in Illinois. For instance, she and others, including Elizabeth Cady Stanton, lobbied through a bill giving married women the right to their own earnings in 1869. They also secured passage of legislation assuring women an interest in their husbands' estates. School board suffrage for women and a bill allowing women to be notaries public were also among her accomplishments. Chi. Legal News, Feb. 24, 1894. Ellen Carol DuBois has an excellent essay covering the Bradwell case and the other efforts of suffragists to use the post-war Constitutional Amendments to establish their own legal rights in Taking the Law into Our Own Hands, Bradwell, Minor and Suffrage Militance in the 1870s, WOMAN SUFFRAGE & WOMEN’S RIGHTS, 114 (1998).
Bradwell’s Supreme Court case in which her counsel argued that the newly minted privileges and immunities clause of the 14th Amendment (passed in 1868, the year before she sued) prevented state interference with the individual’s right to pursue any vocation or calling is a landmark in women’s legal history. In re Bradwell, 55 Ill. 535 (1869), the lower court opinion, focused on the disabilities of marriage which forbid women to make or be held to contracts and generally to conduct business on their own. Drachman, at 16-18 (describing Bradwell’s case in the lower and Supreme Court). Gwen Hoerr Jordan, “Horror of a Woman:” Myra Bradwell, the 14th Amendment and the Gendered Origins of Sociological Jurisprudence, 42 Akron L.Rev. 1201 (2009) [hereafter Jordan, Bradwell] has an impressive, freshly written account of Bradwell’s biography and her legal arguments in her case. Of special interest is Jordan’s analysis of Bradwell’s arguments on the state level, where she relied on equal protection as well as the privileges and immunities clause which became the center of the SCOTUS argument. See also, Jordan, Bradwell for the far-ranging arguments that she made in the lower Illinois courts.
The U.S. Supreme Court held that the privileges and immunities clause of the Fourteenth Amendment did not include a federal right to pursue a vocation. Bradwell v. Illinois, 83 U.S. 130 (1873). The rejection of a federal right meant that women must battle state-by-state (and territory-by-territory) to be lawyers. The story of women at the Bar really starts with Bradwell; because of her case, there are hundreds maybe thousands, of vivid particular stories of women wanting to be lawyers, with their displays of nerve and courage, personality and character, idealism and eccentricity. See Babcock, Feminist Lawyers, at WLH Website. Other possible starting places for the story of women lawyers are 1640 when Margaret Brent was a magistrate and trial lawyer in Maryland and 1869, the year Arabella Mansfield was admitted to the Iowa Bar. See MORELLO, THE INVISIBLE BAR, at 4-14, for a discussion of contenders for possible “first woman lawyer.”
Though the Supreme Court’s opinion in Bradwell was dry and short, and followed the same reasoning as the Slaughterhouse cases, 77 U.S. 273 (1869) denying the federal suit of butchers who protested a state monopoly, its effect on the women’s rights movement went beyond the right of women to be lawyers. Justice Bradley’s concurring opinion expressing the concern that “the harmony” of “the family institution” was threatened by “the idea of a woman adopting a distinct and independent career” was the main popular message of the Supreme Court case, cited against women who wished to do any work outside of the home.
Bradwell was a blow to the efforts of women to vote under the Fourteenth Amendment as well as denying federal protection for the right to pursue a profession or vocation because they were using the same arguments about the privileges and immunities clause, though the Court did not decide against the suffragists explicitly until Minor v. Happersett, 88 U.S. 162 (1874) discussed under “New Departure” in Chapter Six and in Note: Woman Suffrage History, WLH Website.
Lavinia Goodell
For more information, see Lavinia Goodell at the Women's Legal History website.
For more information, see Babcock, First Woman, at nn.161-64; Babcock, Women Defenders in the West; Babcock, Feminist Lawyers (all Babcock articles are available at WLH Website); see also, MORELLO, INVISIBLE BAR, at 22-27; Catherine B. Cleary, Lavinia Goodell: First Woman Lawyer in Wisconsin, 74 WISC. MAG. HIST. 243 (1991) is the best basic source, using many of Goodell’s papers. Jordan, Bradwell also has a good section on Goodell. Three excellent student papers are on the WLH Website with many additional sources.
Teresa M. Derichsweiler, The Life of Lavinia Goodell First Woman Lawyer in Wisconsin (1997); Joshua Kaul, Lavinia Goodell (2005); and Lauri Schumacher, Lavinia Goodell: Advocate for Prisoners (2001). Goodell was easily admitted to the trial level but turned away by the Wisconsin Supreme Court in an opinion by Justice Ryan, who was thought progressive on other issues. On the rights of unmarried women, Justice Ryan observed: “it is public policy to provide for the sex, not for its superfluous members, and not to tempt women… by opening to them duties… unfit for the female character.” Matter of Goodell, 39 Wis. 232, 247 (1876). Though quickly overruled by legislation admitting women to the Bar, the opinion was widely cited to oppose women’s admission to the Bar. See Chapter One in which Foltz’s opponents in the Hastings litigation read verbatim from Justice Ryan’s opinion in Goodell’s case.

Lawyers and attorneys Wallpaper Photos Pictures Pics Images 2013