LELIA ROBINSON

Table of Contents

I. Introduction

II. Legal Education

III. Application To The Bar

IV. Early Years In Practice

V. Legal Community In Boston

VI. Law Made Easy

VII. Trying Cases In Court

VIII. Washington Territory

IX. Equity Club

X. Later Legal Career Return To Boston

XI. Law And Marriage

XII. Organizing Women

XIII. Conclusion

Lelia J. Robinson's advice to young women lawyers was emphatic. "As for public opinion - pshaw! Popular opinion will approve and applaud you when you have become a success"¹ Lelia knew that if women waited for popular support, they would never venture forth into the legal profession. Lelia stated that public support comes only after someone shows that it can be done. In the late 1800s women lawyers were a unique group, possessing extraordinary determination and courage. Lelia was no exception. In 1882, she was the first woman to pass the Massachusetts Bar after fighting her case through both the courts and legislature.² She willingly took on the task of convincing the public that women belonged in court. Over her career Lelia gained confidence in her own skills and became more deeply committed to helping other women. Being the first woman in her profession presented the challenge of having all of Lelia Robinson's successes and failures attributed to her gender. INTRODUCTION

Lelia practiced law in the Victorian era, a time when women's roles were defined by the family and the constraints of being a lady. There was serious debate about the possibility of both working in a male environment and being a lady. Some feared that when a woman entered public life she would be unsexed. This was one of the primary arguments against suffrage and public speaking by women. Law is a very public occupation and the public sphere was reserved for men while the private sphere was women's domain. Women lawyers directly challenged the dominant ideology of "separate spheres." The legal profession was a strictly male enclave, and appearing in court necessitated public speaking. Was this any place for women?

In the 1880s women were becoming lawyers in one state after another.³ Lelia was part of the first wave of women to challenge the all-male legal profession.⁴ The battle began anew in every state. Each woman lawyer became a national figure at the time, although present day law students know little about many of them.

Lelia's approach to entering the legal profession was less brazen than most. In comparison to others who were politically active and frequently spoke publicly on suffrage, Lelia was reserved and conservative. She was singly committed to the principle of equality in the legal profession, but she did not seek publicity, and early in her career she spoke in public as rarely as possible.

Lelia's identity centered on being a lawyer. It was the aspect of self to which she attached the most importance and of which she was most proud. Her status as a lawyer was the vantage point from which she saw the world. She identified strongly with all women lawyers. Underneath a hardened and cool exterior developed over the years of her struggle, Lelia had an endless supply of affection for women. She felt a particular concern for other women lawyers' struggles and created networks to join them together.

Later in her career, she described passing the bar as crossing the "Grand Rubicon which made me a full fledged attorney." ⁵ Indeed, passing the Bar proved to be a point of no return for Lelia as law was the center of her life. She felt that the status of lawyer was permanent. Even if a woman abandoned the practice to raise children, she remained a lawyer.⁶ Lelia was genuinely thrilled with any woman lawyer's success and equally saddened by their defeats.

Lelia Robinson did not want to be known as a "lady lawyer," but gender was central to her career. She sought the company of other women lawyers and consistently made efforts to educate women. She felt a unique bond with her "sisters in law,"⁷ as she called other women lawyers. Despite her distaste for the term, she was referred to in the Boston papers as "the lady lawyer." She advised other women on the issue of gender in practice; "Do not take sex into practice. Don't be lady lawyers. Simply be lawyers and recognize no distinction - no existence of any distinction between yourselves and the other members of the bar."⁸ The public scrutinized women lawyers more closely than men in court, and noted their appearances.

Comments about women lawyers' clothing and fashion were common.⁹ She was concerned about use of her picture in publication.¹⁰ She feared that sensationalism would demean her practice, so she downplayed the importance of her gender publicly. Through-out her career, Lelia was a very private person who never sought recognition for her role as a "first woman." On the other hand, Lelia was extremely proud of what became her successful legal practice. Lelia wanted her intellectual achievements noticed, and appreciated the support of the Woman's Journal. At the same time, she endeavored to avoid becoming objectified and hated being a "novelty."

From her first days in her law office, Lelia was committed to educating the public about the law. Her own ignorance when she was divorcing her husband fostered her desire to help others. Her own lawyer must have been skilled, though, because she was not only was granted the divorce and use of her maiden name, but her ex-husband was ordered to pay her legal fees and court costs. While Lelia's own divorce was successful, it was her lack of knowledge of the law that fostered her own desire to learn, and to teach others.

Lelia published two books and numerous articles during her legal carer. Her goal was to state the law in a way that laymen could understand. She thought that everyone had an obligation to know the laws which affected them, and she wanted to provide the medium for teaching them. The phrase "Ignorance of the law is no excuse" is written at the front of both of her books. Lelia's love of study and education extended beyond herself, to helping others.

Her own legal career began in 1878, when Lelia was 28, four years before her application to the Massachusetts Bar. In 1878, Lelia divorced her philandering husband, resumed the use of her maiden name,¹¹ and applied to law school. Several newspapers chronicled Lelia's career and she frequently wrote articles, but no mention was ever made of her divorce.¹² Boston University Law School was co-ed from its founding,¹³ but only two women attended before Lelia, and neither of these women completed their degree.

Lelia could have opted to apprentice herself to a practicing attorney. Aspiring attorneys often spent several years in the office of a local prominent attorney, foregoing law school altogether. This mode of legal training provided legal education and also more practical benefits such as connections with practicing attorneys and knowledge about running a law office. Despite Lelia's middle-class family, she lacked connections with the legal community,¹⁴ and these positions were hard to obtain without connections, even after attending law school.

Women were unlikely to find an office position unless they worked with their husbands.¹⁵ Many early women lawyers studied in their husband's office which was less stressful than attending law school. Husbands also argued in favor of their wife's right to practice law where it was not established. Lelia applauded this support and suggested that it replace the old fashioned approach of men giving women their seats: "Who would not be willing to stand up in a horse car when this new nineteenth century gallantry is given us in exchange for the superficial kind?"¹⁶ Lelia was unique as a single woman law student, and likely would not have succeeded without her parents' support..

Law was Lelia's second career, after several years as a journalist for three Boston papers including a position as foreign correspondent in Berlin.¹⁷ Her investigative and writing skills served her well as a lawyer. Ironically Lelia Robinson became an author only after she became a lawyer. She loved to write about the law.

LEGAL EDUCATION

Lelia's three years at Boston University law school were intellectually challenging and enjoyable; "No three years of my life have ever been pleasanter or more satisfactory in every sense of the word, then were those three years of law school"¹⁸ Lelia was motivated to go to Boston University out of intellectual drive and a desire to earn a living. After her divorce, she needed some way of supporting herself. In addition, she was truly fascinated by the law. She often mentioned her "great love for the study."¹⁹ She was an absolute perfectionist committed to being professional, but was also pragmatic.

As the only woman in her class at law school, Lelia had to create new rules of social interaction. She introduced herself to her fellow students, to put them at ease. The two women who attended the law school before her did not speak to men. Always the pragmatist, Lelia's friendly approach provided her with connections with the male students,²⁰ but no truly close confidantes. She did appreciate the warm reception she received from the male students: "the general opinion seemed to be favorable to my attendance, and they paid me the great compliment of calling me a 'good fellow'. "²¹

Lelia did not receive any special treatment as a student. The administration did not offer her any guidance, and having told Lelia that she could sit anywhere. Nevertheless, late in the first semester found out that she had taken someone else's seat in class. An administrator could have told her about the alphabetical seating plan which is common in law school and allows a professor to call on students by name using a seating chart. Lelia's only complaint about law school concerned the dean. She stated: "The dean, to whom I introduced myself, did not give me any introductions to students or professors"²² This made law school lonely, but her outgoing personality helped alleviate her isolation.

When she graduated on June 1, 1881, Lelia was the first female to graduate from Boston University Law School. The Woman's Journal published a small article about her graduation.²³ Although Lelia Robinson is not mentioned by name, it was her first major appearance in the Women's Journal, which chronicled her career for the rest of her life. Lelia's graduation was a symbolic moment, as she stepped into the limelight, with some hesitation. Lelia was very business-like and did not want any more attention than any male attorney, yet to succeed as a lawyer she had to make a public case. She was convinced that women had a right to practice law.

APPLICATION TO THE BAR

After graduating fourth in her class, Lelia set out to practice law in Boston. She applied for admission to the Massachusetts Bar at the same time as the other members of her class. But because she was a woman, her application was passed on to the Supreme Judicial Court. Lelia was the first woman to apply for admission to the bar, and her case presented a quandary. Lelia wrote her own briefs, but since she was not a member of the Bar, she could not argue her own case. She needed a male attorney to present the arguments in court for her.

Gender issues were complicated at a time when women were organizing for suffrage. There were lawyers in a few other states, including California, where women did not have the right to vote. The opposition to Lelia's petition linked it to suffrage, saying that the vote would follow, as a scare tactic. Lelia refuted these arguments in her Supplemental Brief, noting, "In the many states where women have been for years practicing as attorneys and counsellors [they] have proved that the 'sweeping revolution of social order' ...has not followed as the result, natural or otherwise, of the admission of women to the bar."²⁴

Despite these sound and creative legal arguments, Lelia was unable to persuade the court that the term "citizen" included women. She made progressive arguments against discrimination based on sex, race and disability and concluded, "The best administration of justice may be most safely secured by allowing the representation of all classes of people in courts of justice."²⁵ The court found that women could not practice in court and dismissed her application. Lelia smiled grimly when she heard the Mass. Supreme Judicial Court's unfavorable decision in November 1881. The Woman's Journal angrily denounced the decision:"It is a decision worthy of the Dark Ages, and will take rank with that of Justice Taney in the Dred Scott case."²⁶ Lelia, on the other hand, did not expect becoming the first woman member of the Massachusetts Bar would be easy. Lelia was determined and optimistic despite the unfavorable decision.

Lelia anticipated the result, and hoped that the court's decision would propel the legislature into action. In fact, Lelia repeatedly said that she would have been surprised if the court had decided otherwise, given the existing body of law. ²⁷ She even told one of the justices that she would have been disappointed with the court if it had decided otherwise.²⁸

She remained positive and convinced that in the end women would ultimately prevail. Lelia had "no doubt proper action will be taken when the subject reaches the Legislature."²⁹ Throughout her struggle to enable women to practice law, Lelia was motivated by visions of future women lawyers. She was able to look beyond her own preferences and consider long term goals. Lelia did not want her case to set a bad precedent, lest it come back to hurt women later.³⁰ In her Supplemental Brief Lelia wrote:

Your petitioner fully appreciates, and is grateful for the attitude taken by the gentlemen to whose brief she has the honor of attempting to reply, in that they have considered this matter solely as a legal question. It is in that light only that she has viewed it. Questions of policy she feels unable to cope with; and should the result of her success in this application ever prove the policy to be a bad one, no one could regret it more profoundly than she, her own agency in the matter. Should it prove a good one, and a help to women without being an injury to the community, she will always rejoice that she was enabled to bring the 'test case'."³¹

Lelia wanted progress, but not at the expense of other women. From the beginning of her career she felt an enormous sense of responsibility: "Let us take heed that we walk not in Calphurnia's footsteps, thereby becoming a hindrance and a stumbling block to those that shall follow."³²

Lelia believed that the legislature was politically the safest and therefore her best route to achieve change. Court opinions could be overturned and might make people feel that change was forced upon them too abruptly. Lelia was not an agitator by nature, and she lacked a brash style. Her goal was to force change but with the appearance of consensus.

Not one to wait for someone else to take the lead, Lelia drafted a law which specifically authorized women to take the bar and practice law in court. The statute simply expanded the existing law so that it applied to women. The statute read: "The provisions of law relating to the application and admission to practice of attorneys at law shall apply to women."³³ Lelia played a crucial role in the passing the legislation, but was always modest and rarely mentioned herself when discussing the law. She spoke out on its behalf. In March 1882 Lelia addressed the Mercantile Library Association. Lelia declared that "woman should be encouraged in any pursuit to which she feels impelled, and in following which she thought she could be of some use in the world...to restrict the free development of talent and ability, so that the public shall not be able to profit thereby, was to impose injury upon society."³⁴ She also testified in front of the Judiciary Committee. Lelia "has been before the judiciary committee giving her reasons for desiring a change in the statute laws which shall allow women to practice in the courts as men do."³⁵ This type of public speaking, particularly to all-male audiences, required courage and Lelia was working alone.

The result of these efforts was that Lelia's bill was passed unanimously and without much controversy.³⁶ The bill's success was in part due to the support she received from a number of local papers. The Transcript wrote:"Miss Robinson has met with success so far and the coming Legislature may enable her to do better."³⁷ Another local paper, the Cambridge Tribune was more direct in its support of Lelia: "women will soon be on the same footing as men in the right to be admitted to the bar and it will be to the credit of this Legislature if it shall take the steep and act justly in the matter."³⁸ A number of states recognized women lawyers by 1882, either by court or statute.³⁹ In 1882 Lelia was the first woman to take the Bar in Massachusetts (Suffolk county bar). When she passed in June of the same year, the Woman's Journal proclaimed "so obstacles yield before the pressure of public sentiment."⁴⁰

In her push for equality, Lelia did not stop at the Bar. Male attorneys received other benefits such as being eligible to become notaries and justices of the peace, both positions which excluded women. She wrote a bill to allow women lawyers to become "special commissioners" who could administer oaths and take depositions and affidavits. The bill passed in 1883,⁴¹ and the Governor promptly appointed her a special commissioner to take depositions and administer oaths.⁴²

EARLY YEARS IN PRACTICE

While waiting for the court's decision on her application for the Bar, Lelia was unable to obtain a position with a local lawyer or firm: "I had no special acquaintance with any lawyer, and all my efforts utterly failed to gain for me admission in any capacity into any law office."⁴³ Frustrated and tired, she took the summer after graduation off, as many law students still do. Lelia described herself as "at a loss,"⁴⁴ with little guidance as to how to proceed. So after her vacation, she set up a small office taking clients that did not require going to court. She, "quietly hired a tiny office in a building full of lawyers, filled it up, framed and hung my diploma, [and] sent out cards..."⁴⁵ After a slow start, she was eventually successful. Lelia recalled that, "I emphatically chose office practice, but it didn't choose me in any encouraging degree."⁴⁶ The Woman's Journal noted her business increased though, saying Lelia had "been doing a successful and reputable business as an office lawyer."⁴⁷ Male attorneys would argue her cases in court for her, after "careful preparation" of the case by Lelia.⁴⁸ Unfortunately she had to pay them, reducing her income.

The barriers to Lelia's success were numerous. She had the same struggles that any attorney faces in the first years of solo practice before establishing a client list. She had to convince people that she was capable, and compete with older more established attorneys for business. Lelia noted the difficulties encountered by all young attorneys: "Our people [Bostonians] are very reluctant to trust any but gray hairs."⁴⁹ But Lelia's efforts to attract business were hampered by the fact that she was a woman. Looking back on her early years of practice, Lelia drily noted, " 'He cometh not' she said, assumes a new significance when uttered by the woman lawyer waiting in her office for clients...she cometh not any more than he does."⁵⁰ While she sat waiting for clients, neither men nor women were rushing to her door. The gender of the clients did make some difference in the level of business: "women are more ... reluctant to trust their affairs to the care of a woman lawyer."⁵¹

Unable to simply sit alone in her office and wait for clients, Lelia had to find something to occupy her time. Having succeeded in obtaining her legal degree and passing the Bar, she was impatient to get started. She later noted that, "money and business are not always synonymous and either one would have been welcomed."⁵² Admitting that she lacked patience, she advised other women repeatedly to, " have patience to wait for business to come, and patience to study continually for the business when it does come."⁵³ She feared leaving her office, even for lunch, because she was sure a client would appear as soon as she stepped out. Her work, "consisted mostly of small and rather hopeless claims for collection."⁵⁴ At first, she desperately needed every client she could get. Lelia had no sense of the extent of her legal successes to come.

LEGAL COMMUNITY IN BOSTON

Despite the controversies at the time, Lelia Robinson was generally well treated by her legal colleagues. She commented on the "universal courtesy and fairness with which she [had] been treated by members of the legal profession."⁵⁵ Lelia did not feel that popular opinion was openly against her practice either: "I have had no opposition from anyone...if there has been a lack of sympathy on some sides, there has certainly been nothing pronounced about it."⁵⁶ The discrimination against her was subtle and Lelia would not mention it even if she felt discriminated against by other lawyers. Her mere presence was a challenge to the profession and she did not endeavor to stir up any more controversy than necessary for her to make a living. She could not afford to make enemies of her critics.

In Victorian Boston being a pioneer woman was particularly lonely. The Boston Bar Association did not admit women in the 1880s, so she was unable to socialize professionally with lawyers. Lelia had few friends who understood her life choices and professionally she lacked a network of support and assistance. While acknowledging the lack of opposition, Lelia lamented, "Neither have I had much help, except from my own people- And help is what we all sadly need in this life, especially so in starting out in the practice of law."⁵⁷ Lelia wanted companionship. She reached out to the small community of women lawyers across the country seeking advice and laughter. It would be several years before Lelia found a true community of women lawyers to confide in.

LAW MADE EASY

In addition to collection cases, Lelia occupied her early days in her office working on a book. Writing came easily, and the legal research helped broaden her own base of knowledge. Lelia began writing her first book when she realized that her clients lacked basic knowledge about the law and that there were no good summaries of the law available for laypeople.

Her first book, "Law Made Easy: A Book for the People," reveals quite a bit about her early days in practice. The book is dedicated to her parents, "whose tender aid and encouragement have supported me in my every endeavor this book is dedicated in all gratitude and affection." "Law Made Easy" covers every topic of law, in simple, clear language. Her purpose in writing the book was to provide "the people to knowledge of a practical nature, which may be of real service in the everyday business of life."⁵⁸ She had profound faith that if people knew the law they would alter their behavior accordingly to protect themselves.

As a legal writer she wrote about her experiences and what she had learned. She still lacked confidence in her talent, but she loved writing: "After much hesitation and many self-doubtings, I began this work, trusting that my previous experience in journalism would enable me to understand the public need, and hoping that my legal acquirements would qualify me to meet it."⁵⁹ She continued working on the book even after passing Bar. Once she began the project, she was deeply attached to it: "I find that the book has taken a deeper hold on my affections and my ambitions than the practice itself."⁶⁰ The book was well received with favorable reviews from lawyers and judges, "I know of no work which surpasses it. It is comprehensive and judicious in scope, accurate in statement, terse, vigorous, simple and clear in style."⁶¹

TRYING CASES IN COURT

Although Lelia could technically argue cases in court, she still preferred to send male attorneys. She stated that, "it was not [her] original intention to do court business at all."⁶² She wanted to protect her clients interests and did not want their cases to be damaged by the presence of a woman in court. For her clients' sake she was concerned about prejudice, and she was also insecure. Women were a novelty in the courtroom. While Lelia was confident about her legal knowledge, she lacked confidence in her oratory skills. She claimed that "the sound of my own voice in public being quite unknown to me."⁶³ Although she spoke publicly regarding her legislation, the court was a more intimidating forum and her presence there would generate undesirable publicity.

Lelia was also reluctant to go to court because being "the lady lawyer" in Boston was stressful and very public. Lelia was under enormous pressure. Lelia felt that other women would be judged based on her performance.⁶⁴ She was afraid that her actions would be attributed to her gender. She could not afford to make many mistakes. The pressure fell on the first women lawyers in every state, and it made going to court even more nerve wracking for Lelia.

However, once Lelia felt more confident about her legal practice, she did argue cases in court. Lelia first appeared in court in Massachusetts in January, 1884, in a Probate case. She summarized the experience saying, "I did go into Probate court in person to claim separate maintenance and custody of children for a deserted wife and though the case was hard fought, I won it."⁶⁵ The Woman's Journal covered the case, noting that the client "was represented by Miss Lelia J. Robinson, the lady lawyer, who appeared personally in court on this occasion for the first time."⁶⁶ While no doubt nerve-wracking, her first appearance was judged a good one by the Herald, a local paper: "She had prepared the case thoroughly, handled her witnesses with consummate skill; breaking down their testimony by scorching cross-examination and made her final argument in a few forcible and well chosen remarks...Miss Robinson made a very fine appearance and impressed all present by her manifest ability and legal attainments."⁶⁷

WASHINGTON TERRITORY

In 1884, frustrated by the limitations of her practice, Lelia decided to move to Washington Territory. "I grew impatient of the slow process of building up a clientage in our conservative 'Hub of the Universe'...[and moved west] ...in search of more rapid growth."⁶⁸ Washington Territory had recently passed a law allowing women to vote, serve on juries, and of course, practice law. The liberal view on, "the woman question," attracted women lawyers from across the country. Lelia traveled from Boston, a trip which took two months,⁶⁹ and Clara Foltz, another woman lawyer, came up from California.

Life in Seattle was professionally satisfying and offered Lelia a different perspective from conservative Boston. Washington Territory and female jurors were frequently in the Boston papers.⁷⁰ Lelia's reputation as "the lady lawyer" from Boston and the Woman's Journal's coverage of her career made her a small celebrity. She received a warm welcome from Washington lawyers and judges. Early on, Lelia befriended Judge Greene, a prominent local judge, and he not only referred cases to her, but made her a court referee. This helped support her while she found clients: "the referee work which Judge Greene gave me was sure pay and good pay."⁷¹ Lelia was proud to note that all of her findings as a referee were upheld by the judge in court. To supplement her income she learned stenography,⁷² a skill she recommended to other women lawyers.⁷³

Both Judge Greene and other attorneys advised Lelia to go to court. Judge Greene appointed her as counsel for a prisoner in the first court term after she arrived. This was exactly the kind of push that Lelia needed, and she learned trial advocacy skills. She described her experience saying, "I made the attempt, with fear and trembling, and shall always be glad... finding that I could do the work."⁷⁴ Lelia successfully defended her first criminal case.

After a few cases in court, Lelia was convinced that court work was particularly important. She declared: "the public... judges a woman lawyer as it does a man, largely by his success in court, and if one is never seen or heard there, one's abilities are a matter of serious doubt."⁷⁵ Lelia encouraged other women to go to court, stating, "it is essential for [women] to prove themselves capable of practicing law."⁷⁶

While in Washington, Lelia observed women on juries. She was fascinated by the women jurors during her first visit to court: "I sat and stared for a while, until I became suddenly conscious that I myself, a woman member of the bar in Massachusetts was attracting quite as curious and interested attention from my Western brother in the profession as my sisters of the jury were receiving from me. Whereupon I tried to recover myself and to appear as though nothing unusual were going on."⁷⁷ Up until the time of her death, Lelia was the only woman attorney to argue in front of a mixed jury.⁷⁸ Even in Washington Territory women jurors were controversial, particularly married women jurors. While Lelia supported married women serving on juries, she found herself working on a brief which opposed them. She stated, "my business associations made it necessary for me to aid in looking up the law and preparing the brief...for the Appellants, so that while my sympathies were on one side of the question, my work was done on the other as sometimes must happen."⁷⁹

Lelia Robinson wrote about observing women on juries. Her article, "Women Jurors," reveals her own stereotypes about women, and her initial belief that it was taking things too far to put women on juries. In the article, she quickly points out that these women jurors were true ladies, "cultivated, educated, women of fine, delicate feminine instincts; the kind who make delightful homes, happy wives, and the best of mothers."⁸⁰ But Lelia concluded that women made excellent jurors, and certainly as good as men. She was impressed by the intelligence with which women approached their cases and she was, "ashamed to admit that [she] was surprised"⁸¹ by their success. Lelia also praised women voters for their efforts at the ballot box which were unhindered by the public controversy. Lelia knew all too well the pressures of excessive media coverage and public interest. She noted that women seemed secure that they would keep the vote, despite the controversy. The women felt "it is far easier to enfranchise than to disenfranchise."⁸²

EQUITY CLUB

As Lelia argued in court more frequently, and she gained confidence in her oratory skills. She struggled with court room etiquette, particularly the appropriateness of wearing hats. Her membership in the Equity Club from 1887-1890 provided her with a forum to address these concerns. The Equity Club was a unique group of women lawyers who each wrote an annual letter to the group, and each received copies of everyone else's letter to the group. The letters provided a forum, to vent frustration, to ask difficult questions, and to cheer each other's success, as well as those of other women. All of the women lawyers who participated struggled with issues of gender and profession. The corresponding secretary of the Equity Club , Martha Pearce wrote in 1887 that "the time will come when no 'double consciousness' will disturb a woman who wishes to be a lawyer."⁸³

As Lelia Robinson got older she sought friendship and advice, but she was a seasoned attorney with her own words of wisdom. In her letters to the Equity Club, Lelia frequently gave advice to young attorneys but she seldom took her own advice. She advised women not distracted from practice, and to marry a lawyer. But she took time away from her practice to write books and provided free services for women. When Lelia re-married in 1890 it was to a piano dealer, not a lawyer. Lelia loved to discuss the early days of her practice with an entertaining and humorous style. She also bragged about her legal practice, under the guise that it would provide a model of encouragement for women who were just starting out: "I have a fortunate record so far, having never lost a case.⁸⁴ She was likely to ask hard questions in letters with a bluntness that was common among the group. She suggested a photo exchange so that each member of the club could hang photos of the other in their homes or offices. Her desire for photos reveals a sensitive and companionship-seeking side of otherwise extremely pragmatic woman.

LATER LEGAL CAREER RETURN TO BOSTON

Lelia hoped that her family -parents and sister- would join her out West, but within a year it was obvious that they were not leaving Boston. Lonely without them, Lelia went back home for a visit expecting to return to Seattle. But Lelia never made it back to Seattle: "A few months illness at home followed, then six months in Chicago, while my book was coming out, then nearly a year of cooperation with my publishers in superintending the work of agents who were putting it in the market."⁸⁵ This was an unusual amount of travel for a woman in her day. She advised her women not to stray from the practice, while Lelia admitted that she, "was traveling in the south, far from home, engaged in business interests of my book with neither office nor practice of my own."⁸⁶ But Lelia was anxious to return to practice and decided to return to Boston permanently. She stated, "As they from whom I could not bear separation [her family] could not go west with me, I must stay in Boston with them. And in that case I must resume practice here for I have never for a moment given up my plan formed ten years ago of practicing law."⁸⁷

Finally back in Boston, which she called "the dear home nest"⁸⁸ in 1888, Lelia found that several years made quite a difference in public opinion. "The sun do move"⁸⁹ she exclaimed happily to her Equity Club friends! Lelia was pleased to note "a decided difference between the general opinion...concerning women attorneys half a dozen years ago when I was first admitted to the bar in Massachusetts and now, when I return here after four years absence."⁹⁰ The Woman's Journal welcomed her return.⁹¹

At the time of Lelia's return, there were other women studying and practicing law in Boston. Mary Greene was the second woman to pass the Massachusetts bar. After Lelia's return, Mary commented on the support that they provided for each other: "I think it is helpful to both of us to feel that neither is 'the only woman lawyer in Massachusetts'."⁹²

To re-familiarize herself with Massachusetts law, Lelia decided to work in the office of an established attorney. This time she had no trouble getting a position with Thomas Wentworth Higginson, a prominent Bostonian, and "an old lawyer who has a tremendous business."⁹³ She credits her knowledge of stenography for getting the position, "but for my knowledge of the art, I could not have obtained the clerkship."⁹⁴ However, her own fame and legal reputation were probably just as significant. Higginson socialized with a fashionable intellectual crowd⁹⁵ and was extremely progressive, as well as an advocate of women's rights. She expected to work with him for a year, but stayed only three months. The two had some difficulty sharing an office, as Lelia summarized:"He was entirely unaccustomed to having a woman about the office and could not get used to it...[and Lelia] could not get used to his gruff, short ways of speech and manner."⁹⁶

Lelia returned to solo practice after being mistaken as a counsel on one of Higginson's cases. The incident was the final straw, and Lelia noted:"This was too much for good Col. H., so he told me he really thought that I was wasting my abilities in his office and that in justice to myself and all women, I ought to be in practice for myself."⁹⁷ So Lelia opened an office and placed an advertisement in the Women's Journal. She slowly built up a business, and finally declared, "my business has been steadily on the increase and is exceedingly promising for the future."⁹⁸ In addition to probate matters, Lelia was hired to handle wage matters for the Women's Educational and Industrial Union.⁹⁹ Within a few months of opening her office, she went to trial twice. With her higher level of confidence, she came to enjoy the challenge of a trial.

LAW AND MARRIAGE

Lelia's legal practice and participation in the women's movement were flourishing. She opened her office to women on Saturday afternoons for free consultations in 1889-1890. Her practice "reached comfortable proportions"¹⁰⁰ and she hired a young attorney, Alice Parker to help her with her practice. Despite her successful legal career, Lelia began working on a second book. She no longer needed a project to occupy her time as she had in the early stages of her career. However, Lelia found writing about the law extremely rewarding, and her increased attentiveness to gender issues inspired a second book. As she was mulling over issues of marriage in her own mind, Lelia launched an Equity Club debate about the compatibility of marriage and career: "Is it practicable for a woman to successfully fulfill the duties of wife, mother and lawyer at one and the same time?"¹⁰¹ Her comments reflects the musings of a young divorcee, but also a writer working on a new book about marriage.

Lelia's second book, "The Law of Husband and Wife"was published in 1889.¹⁰² Lelia hoped the book would educate "women all over the country who are banded together for study, and who seek among the first branches of knowledge some information regarding the laws that especially concern women, and I have had these societies constantly in mind while preparing the work."¹⁰³ The book combines the two topics that were her passion: gender and law. Gender was so defined and constrained by Victorian marriage that a book on marriage and divorce is about women's rights. Lelia announced: "It is at her marriage that a woman walks into a complicated legal net whose meshes entangle her the more closely with every step she takes, unless she is led intelligently by the guide whose name is Knowledge"¹⁰⁴

While working on a new book, Lelia published articles on the law of marriage and divorce of various states in a column in Women's Journal for several years.¹⁰⁵ The columns contained topics of general interest, such as property rights. The column was great publicity for Lelia's book, and the Women's Journal benefitted from having Lelia contribute regularly. Lelia was a small celebrity at this point. Her writing continued to enhance her reputation while taking time away from her legal practice.

ORGANIZING WOMEN

In the second half of her career Lelia was actively organizing women. She was energized by her experience in the liberal atmosphere in Washington Territory. Once back in Boston, she organized two women's groups and became more involved in the suffrage movement. In 1888 she founded the Portia Club,¹⁰⁶ for women lawyers and law students. The club served both a social and a professional function. The informal dinner club met the first Saturday of the month. Lelia described the group in a letter to the Equity Club: "The Portia Club has met in a private dining room of one of our down-town hotels for dinner and discussion, and both have been of the best, I assure you, the sauce of mutual admiration having much to do with their palatableness. Our club, its name, and its members are kept very quiet, for we do not desire to 'get into the papers' for various reasons."¹⁰⁷ Lelia also created the Pentagon club, for professional women in the area.¹⁰⁸

Lelia was working on several projects in 1889 and 1890. In addition to her book and articles, she wrote an article on Women Lawyers that was published in 1890 in Green Bag. She sought to compile a list of women lawyers across the country. No directory or list of any kind existed, so Lelia had to contact every woman herself to obtain information. She wrote to all of the women lawyers that she knew of, and to the Dean's of all of the law schools in the country. The Article is organized by geographical region and describes the length and location of the woman's study, her type of practice, and her family. Lelia praises each woman's accomplishments. The article is the pinnacle of her efforts to unify and inform women lawyers. Once she received letters from other women lawyers, she published the article in an attempt to share her knowledge with others. As always, Lelia knew that it was important for women lawyers everywhere to feel that they were not alone in their struggles or triumphs.

Similarly, Lelia developed a local community of women lawyers and professional women. She actively encouraged women at Boston University law school to continue their studies.¹⁰⁹ Despite penchant for writing and giving advice she was a very private person, and some of the younger women attorneys were initially intimidated by her. Several women studied in her office and benefitted from her guidance.¹¹⁰ Lelia was an active mentor who wanted to help law students and new lawyers. She hoped her own struggles would provide insight for those who came after her. Lelia developed a close relationship with Mary Greene, who said, "Miss. Robinson's friendship, sympathy, and counsel are of great value to me."¹¹¹ Lelia tried to be the kind of mentor that she herself sought less than a decade before.

By 1890, Lelia had a positive attitude about the potential for success of women lawyers. She stated: "sooner or later the lawyer everywhere who deserves success and can both work and wait to win it, is sure to achieve it-the woman no less than the man."¹¹² Lelia's national networking also led to her increased desire to participate in political debate on a national level. In 1891, Lelia intended to enter politics and public speaking.¹¹³  Her writings at this time contain a celebratory tone. In a letter in 1890, Lelia lauded an article by a colleague, declaring, "It says that the day of women lawyers has at last come - and I believe it"¹¹⁴ This is the attitude she kept until the time of her death, at age forty, in 1891.

CONCLUSION

To succeed, we stand on the shoulders of those who came before us. It is a rare woman who creates the path and also looks backwards to assist others. Few women possess such courage combined with compassion. Despite the enormous energy required to be the first, Lelia always had time for other women. She was unselfish with her struggle, her skills and her knowledge. Her tombstone summarizes her character: "The Pioneer Woman Lawyer of Massachusetts, Author and Journalist. A lover of the true, the good and the beautiful."

¹ LJR letter to the Equity Club, April 9, 1887. All of the Equity Club letters are reprinted in Drachman, Women Lawyers and the Origins Professional Identity (1993).

² In 1890, she was the sixth woman admitted to the United States Supreme Court Bar. See the Woman's Tribune April 12, 1890.

³ By 1882 women were practicing law in California, Wyoming, Utah, Illinois, Wisconsin, Maryland, Virginia, Maine, Michigan, Ohio, Missouri, and Kansas.

⁴ Arabella Mansfield, the first woman to pass a bar exam, began practicing law in 1869. Between 1869 and 1882 a small but growing number of women practiced or studied law. See Chicago Law Times, Vol. 1, No. 1, November 1886, p76-92.

⁵ LJR letter to Equity Club, April 9, 1887.

⁶ See Lelia J. Robinson, "Women Lawyers in the United States" 2 Green Bag 10, 10 (1890)

⁷ This pun was used by many members of the Equity Club, including LJR, to address the group of women lawyers. They truly felt like sisters, despite the distances between them.

⁸ See LJR letter to Equity Club, April 9, 1887.

⁹ For example, Clara Foltz, an attorney in California was known for being fashionable and for making her own clothes. Newspaper articles frequently commented on her outfits in court and for other public appearances.

¹⁰ LJR letter to the Equity Club May 22, 1889.

¹¹ LJR's petition for divorce on the grounds of adultery was granted, and the court gave her her maiden name back in Chute v. Chute No. 2003, Mass. filed April term 1878.

¹² Divorce was extremely uncommon at this time, and the few women who were divorced usually remained silent about it, or claimed that they were widows. Lelia never referred to her personal life in her writings.

¹³ Boston University Law School was founded in 1872.

¹⁴ Lelia's father was a successful trader in Boston, and she was a direct descendant on John Robinson, a famous 17th century preacher in Boston. (See Muldoon, You have no Courts With Any Sure Rule of Law, p151.) Lelia was very close to her family and they clearly offered the financial and emotional support that made her legal career possible.

¹⁵ A number of women entered law so that they could help their husband's practice- for example Annie Smith, Corinne Douglass and Myra Bradwell. Other women married lawyers after passing the bar, and then practiced with their husbands. See D. Kelly Weisberg "Barred from the Bar" 28 J. of Legal Education 485, 49 5; also Robinson's "Women Lawyers" article.

¹⁶ D. Kelly Weisberg, "Barred from the Bar" p495.

¹⁷ See Lelia's obituary in the Woman's Journal August 15, 1891.

¹⁸ Robinson quoted in "Women at Boston University Law School", 22 Woman's Journal 90 (1891).

¹⁹ LJR Equity Club letter April 9, 1887

²⁰ These connections were significant later on, when Lelia had cases which required referral to an attorney in another state.

²¹ LJR letter to Equity Club, April 7, 1888.

²² LJR Equity Club letter April 7, 1888. These introductions were important, because it wasn't considered proper at the time for a woman to speak to men she did not know.

²³ See Woman's Journal June 4, 1881.

²⁴ Petitioner's supplemental brief, p 4.

²⁵ Petitioner's Brief, p 8. For a more thorough discussion of the legal arguments in this case, see Douglas Lamar Jones, "Lelia J. Robinson's Case and the Entry of Women into the Legal Profession in Massachusetts" in The History of the Law in Massachusetts, The Supreme Judicial Court 1692-1992 (1992).

²⁶ Woman's Journal, November 19, 1881.

²⁷ Woman's Journal, March 18, 1882.

²⁸ Mary Greene, "Lelia Robinson Sawtelle" Women Lawyers Journal, April 1918.

²⁹ Woman's Journal, March 18, 1882.

³⁰ In fact, her case did set a negative precedent despite the Legislature's quick corrective action. Lelia notes this in her article "Women Lawyers" when discussing Miss Hall of Connecticut, "the principle obstacle in her way is the unfavorable Massachusetts decision in my own case in 1881." Robinson,"Women Lawyers", p12.

³¹ Robinson, Supplemental Brief, p 5.

³² Robinson, "Women Lawyers" p 10.

³³ See Statutes of 1882 c.139.

³⁴ Woman's Journal, March 18, 1882.

³⁵ See Woman's Journal, April 1, 1882.

³⁶ Representative Hopkins of Millbury sponsored the bill. See The Woman's Tribune, April 12, 1890. For Massachusetts' legislators' discussion on the bill, see Journal of the House 1882 and Journal of the Senate 1882. Governor Long, a supporter of suffrage, signed the bill into law, Acts of 1882 c. 139.

³⁷ Transcript, reprinted in the Woman's Journal, January 7, 1882.

³⁸ Cambridge Tribune, reprinted in the Woman's Journal, April 1, 1882.

³⁹ This included California, Wyoming, Iowa, Utah, Illinois, Wisconsin, Maryland, Virginia, Washington D.C.,Maine, Michigan, Ohio, Missouri, and Kansas.

⁴⁰ See Woman's Journal, July 1, 1882.

⁴¹ See Statutes of 1883 c. 252.

⁴² Woman's Journal October 6, 1883.

⁴³ LJR letter to Equity Club, April 9, 1887.

⁴⁴ LJR letter to the Equity Club, April 9, 1887.

⁴⁵ LJR letter to Equity Club, April 9, 1887.

⁴⁶ LJR letter to Equity Club, April 7, 1888.

⁴⁷ Woman's Journal, January 1, 1882

⁴⁸ Woman's Journal, January 7, 1882.

⁴⁹ LJR letter to Equity Club, April 7, 1888.

⁵⁰ LJR letter to Equity Club, April 9, 1887.

⁵¹ LJR letter to Equity Club, April 9, 1887.

⁵² LJR letter to Equity Club, April 7, 1888.

⁵³ LJR letter to Equity Club, April 9, 1887.

⁵⁴ LJR letter to Equity Club, April 7, 1888.

⁵⁵ Woman's Journal, March 18, 1882.

⁵⁶ LJR letter to Equity Club, April 9, 1887.

⁵⁷ LJR letter to Equity Club, April 9, 1887.

⁵⁸ Robinson, Law Made Easy (1886) p. vi.

⁵⁹ Law Made Easy, p. iv.

⁶⁰ LJR letter to Equity Club, April 9, 1887.

⁶¹ Chief Justice Stone of Alabama, quoted in the Woman's Journal, March 30, 1888.

⁶² LJR letter to Equity Club, April 9, 1887.

⁶³ LJR letter to Equity Club, April 7, 1888.

⁶⁴ Lelia consciously avoided reinforcing stereotypes about women, but her untimely death at age forty, could have added fuel to the argument that women were not suited to the hard work required by the legal profession. This argument was made when Lavinia Goodell died at forty-one. See Robinson, "Women Lawyers" p24.

⁶⁵ LJR letter to Equity Club, April 7, 1888.

⁶⁶ Woman's Journal, January 26, 1884.

⁶⁷ The Herald's review was reprinted in the Woman's Journal on January 26, 1884.

⁶⁸ LJR letter to Equity Club, April 9, 1887.

⁶⁹ Lelia was unusual for her time in her willingness to travel alone. She made several trips around the country on her own.

⁷⁰ See the Woman's Journal, May 17, 1884; May 21, 1884; June 21, 1884; July 26, 1884; and November 15, 1884.

⁷¹ LJR letter to Equity Club, April 7, 1888.

⁷² Another name for shorthand, which was used for court reporting, as well as in law offices and for taking depositions.

⁷³ See LJR letter to Equity Club, April 7, 1888.

⁷⁴ LJR letter to Equity Club, April 7, 1888.

⁷⁵ LJR letter to Equity Club, April 7, 1888.

⁷⁶ LJR letter to Equity Club, April 7, 1888.

⁷⁷ Robinson, "Women Jurors" 1 Chicago Law Times 22, p25.

⁷⁸ Mary Greene, "Lelia Robinson Sawtelle" Woman Lawyers' Journal, April 1918.

⁷⁹ "Women Jurors" 1 Chicago Law Times 22,25 (1887)

⁸⁰ "Women Jurors," p. 24.

⁸¹ Women Jurors, p. 24.

⁸² Women Jurors, p. 33. Unfortunately the vote was rescinded in 1887.

⁸³ Martha Pearce, letter to Equity Club, August 1887.

⁸⁴ LJR letter to the Equity Club, April 7, 1888.

⁸⁵ Letter to Equity Club, April 7, 1888.

⁸⁶ Letter to Equity Club, April 7, 1888.

⁸⁷ LJR letter to Equity Club, April 7, 1888.

⁸⁸ LJR letter to Equity Club, April 7, 1888.

⁸⁹ LJR letter to Equity Club, April 7, 1888.

⁹⁰ LJR letter to the Equity Club, April 7, 1888.

⁹¹ See Woman's Journal, January 7, 1888

⁹² Mary Greene, letter to the Equity Club, August, 1888.

⁹³ LJR letter to Equity Club, April 7, 1888.

⁹⁴ Letter to Equity Club, April 7, 1888.

⁹⁵ Higginson was friends with the Alcotts, Brownings, Thoreau and others. He was extensively involved in liberal politics. For more information, see the Higginson sources listed at the end of this paper.

⁹⁶ LJR letter to Equity Club, April 7, 1888.

⁹⁷ LJR letter to Equity Club, April 7, 1888.

⁹⁸ LJR letter to Equity Club, May 22, 1889.

⁹⁹ Deutsch, "Learning to talk more like a man" 97 Am. Hist. Rev. 379, 394 (1992).

¹⁰⁰ LJR letter to Equity Club September 18, 1890.

¹⁰¹ Letter to the Equity Club May 22, 1889.

¹⁰² Unfortunately the dedication was missing from the microfilm copy of the book that I saw. The dedication would be interesting to see, because Lelia herself got married in 1890.

¹⁰³ Robinson, The Law of Husband and Wife (1889) p6.

¹⁰⁴ Law of Husband and Wife, p.6.

¹⁰⁵ For the articles, see Woman's Journal, January 7, 1888,January 21, 1888, February 25, 1888, March 17, 1888,May 12, 1888, February 23, 1889, July 13, 1889, July 20, 1889,August 24, 1889,September 14, 1889,October 5, 1889. There are probably other articles in this period which I missed when searching for them in the Woman's Journal.

¹⁰⁶ This is the first Portia club, although others developed later in California and elsewhere.

¹⁰⁷ LJR letter to Equity Club May 22, 1889.

¹⁰⁸ The Pentagon Club was a group of women in the professions of theology, medicine, law, teaching, and journalism.

¹⁰⁹ In her will, Lelia established a scholarship for women at Boston University's law school. See Mass archives No. 87988 (April 25, 1890).

¹¹⁰ see LJR letter to Equity Club, May 22, 1889.

¹¹¹ Mary Greene letter to the Equity Club, August 1888.

¹¹² "Women Lawyers," p32.

¹¹³ See Lelia's obituary in the Women's Journal August 15, 1891.

¹¹⁴ LJR letter to Equity Club, September 18, 1890.

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