Getting A Lawyer While Black: A Field Experiment

Authors

Brian Libgober, Yale University

First Page

53

Abstract

In this Article, I present new evidence that African-Americans face unique impediments in obtaining access to counsel. Using a randomized audit design, I show that those with black-sounding names receive only half the callbacks of those with white-sounding names in response to requests for legal representation. I design a larger, follow-up experiment to evaluate variations on the theory of “statistical discrimination”—that lawyers are merely responding to economically relevant signals correlated with race. I find no evidence supporting the expectations of the statistical discrimination theory but some evidence that racial preferences matter. I conclude by presenting a more nuanced theory of racialized service rationing that is consistent with the body of experimental evidence presented and is supported by observational data. I discuss the implications of these theories for potential policy responses, including debates about affirmative action and the size of the legal profession.

Recommended Citation

Brian Libgober, Getting A Lawyer While Black: A Field Experiment, 24 Lewis & Clark L. Rev. 53 (2020).
Available at: https://lawcommons.lclark.edu/lclr/vol24/iss1/3