Black Clerks ‘Like Unicorns’ at Court Without Judges Like Them

The lack of racial diversity is a long-standing problem in the legal industry, particularly in intellectual property law. According to 2017 data from the American Intellectual Property Law Association (AIPLA), only 1.8% of IP lawyers are Black. The 1.8% figure compares with 5% of Black attorneys in the United States, and Black people accounting for 13% of the overall population. Bloomberg Law contacted Finnegan attorney Aaron Gleaton Clay to discuss the lack of Black attorneys and law clerks in the IP space, particularly at the U.S. Court of Appeals for the Federal Circuit, as its docket consists of two-thirds patent cases, and is the only federal U.S. appellate court that has never had a Black judge.

Aaron said, “Historically these positions have become so competitive that many of us take ourselves out of the game by not even applying because we don’t feel like we have a fair chance. I know personally that there are many Federal Circuit judges who are eager to seriously consider diverse clerks—we have to put our foot forward and apply.”

He added, “[Black attorneys] want to write briefs, and we want to argue cases, and we want to sit on the bench.”

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