Lelia Josephine Robinson (July 23, 1850 – August 10, 1891) was the first woman to be
admitted to the bar
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
and practice in the courts of
Massachusetts
Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
in 1882.
Early life
Lelia J. Robinson was born on July 23, 1850, to a white, middle-class family in
Boston, Massachusetts
Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
. Her parents were Mary and Daniel Robinson.
Robinson's family including her mom, dad, and sister, all lived in Boston. To be close to her family, she desired to practice there.
Robinson married Rupert J. Chute at seventeen years old, after completing her public education. She worked as a journalist in Boston, writing for the ''
Boston Globe
''The Boston Globe,'' also known locally as ''the Globe'', is an American daily newspaper founded and based in Boston, Massachusetts. The newspaper has won a total of 27 Pulitzer Prizes. ''The Boston Globe'' is the oldest and largest daily new ...
'', the ''
Boston Post
''The Boston Post'' was a daily newspaper in New England for over a hundred years before its final shutdown in 1956. The ''Post'' was founded in November 1831 by two prominent Boston businessmen, Charles G. Greene and William Beals.
Edwin Groz ...
,'' and the ''Boston Times''. She also worked in
Berlin
Berlin ( ; ) is the Capital of Germany, capital and largest city of Germany, by both area and List of cities in Germany by population, population. With 3.7 million inhabitants, it has the List of cities in the European Union by population withi ...
as a
foreign correspondent
A correspondent or on-the-scene reporter is usually a journalist or commentator for a magazine, or an agent who contributes reports to a newspaper, or radio or television news, or another type of company, from a remote, often distant, locati ...
.
After Robinson divorced her husband in 1877 for adultery, the only acceptable grounds for divorce at that time, she decided to pursue a legal career in effort to support herself at the age of twenty-eight.
Education and Requirements for the Bar
Robinson enrolled as a student at
Boston University School of Law
The Boston University School of Law (BU Law) is the law school of Boston University, a private research university in Boston. Established in 1872, it is the third-oldest law school in New England, after Harvard Law School and Yale Law School. Ap ...
in October 1879, the only woman in a class of 150.
Other women had enrolled as law students at Boston University before Robinson, but all of them failed to complete their legal education. Robinson did not feel like she did not belong at this school. She acted as if belong and was even called "good fellow" by her male classmates.
She was the first woman to graduate from Boston University School of Law, in June 1881. She graduated, ''cum laude'', as number four in her class out of 32 students.
["Boston's First Woman Lawyer"](_blank)
The Boston Post, October 4, 1881. Although she completed many different achievements, she still had a long way to go. In order to satisfy the court, several requirements and qualifications needed to be met. These requirements included: an intention to live in the commonwealth, be twenty-one years old, have good moral character, a reference letter from a practicing attorney, and lastly an examination by the court needed to be passed. Even after, Robinson was still to face trouble.
Admittance to the bar
After graduating from law school, Robinson was denied admission to the Massachusetts Bar in
Suffolk County in June 1881 by
Chief Justice Horace Gray. Robinson took up the matter with the
Supreme Court of Massachusetts
The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously func ...
which allowed her to draft a brief in support of her argument in favor of women practicing law. The Massachusetts Supreme Court then determined prior that women could not be
lawyer
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.
The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
s, despite no language in the Massachusetts constitution to the contrary.
The court reasoned that, while attorneys were public officers, they were close enough to make the court pause.
The only offices women were traditionally allowed to hold at common law were overseer of the poor and queen, so the court decided to defer to the Massachusetts legislature on the issue of allowing women to practice law.
While waiting for her admittance to the bar, Robinson had her own legal business with male lawyers to conduct her cases in the court.
She was not even permitted to present her oral argument for bar admittance on her own behalf.
[''Lelia J. Robinson Award'', "WBA Gala 2003." Women's Bar Association of Massachusetts.]
There was a general fear in the late nineteenth century that allowing a woman to practice law would lead to their right to
suffrage
Suffrage, political franchise, or simply franchise is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
(a right that was not granted until 1920), and a disturbance of the current social order. The court eventually unanimously denied her petition, claiming that existing law set no precedent for allowing women to practice in the courts, and that the legislature's failure to expressly provide that women could become members of the bar was further support of that opinion.
Unfazed, Robinson took her fight to the legislature. She drafted a bill that would authorize women to take the bar exam and practice law in the court and garnered support. Robinson argued that the word "citizen" in the Massachusetts Bar statute was a gender neutral term and that Massachusetts should follow the direction of fourteen other states that had admitted women to the bar. She argued that "as a citizen, under the
Fourteenth Amendment to the Constitution, her privileges and immunities could not be abridged, and thus she was entitled to take the bar examination just like her male colleagues". The Massachusetts legislature responded to the Supreme Court of Massachusetts ruling and passed the bill just one year after its ruling, announcing: "The best administration of justice may be most safely secured by allowing the representation of all classes of the people in courts of justice."
The legislature also allowed women to be appointed as "special commissioners," which was a way to allow women to perform notary duties without running afoul of Massachusetts's constitutional ban at the time.
Following the passage of the bill, Robinson took and passed the bar exam in 1882 and became the first woman to be admitted to the bar and practice in the courts of Massachusetts. Robinson also helped to draft and pass a Massachusetts bill allowing women to take depositions and administer oaths.
Legal career
Robinson went on to have her own private legal practice, and moved to
Seattle, Washington
Seattle ( ) is the List of municipalities in Washington, most populous city in the U.S. state of Washington (state), Washington and in the Pacific Northwest region of North America. With a population of 780,995 in 2024, it is the List of Unit ...
, in 1884 where society was much more receptive to women in the law. Here is where Robinson, only after two days, observed a circuit court. Female jurors shocked Robinson. This is where she met Roger Sherman Greene and John C. Haines, whom became her mentors.
John C. Haines and Henry G. Struve offered Robinson a desk at their office. Robinson also served on the bar examination committee.
The judge for the
Washington Territory
The Washington Territory was an organized incorporated territory of the United States that existed from March 2, 1853, until November 11, 1889, when the territory was admitted to the Union as the State of Washington. It was created from the ...
,
Roger Sherman Greene, appointed her as a criminal defense attorney. Robinson was the first woman in Washington to argue a case to a jury and to argue in front of a jury consisting of both men and women. Robinson supported women's suffrage and duty to vote. She wanted the women of Seattle to do better.
She wrote a few major publications, including a book on divorce law titled ''The Law of Husband and Wife''. She also wrote a book titled ''Law Made Easy.''
She took various surveys about women in the law, compiling information on their professional and personal lives, and constantly pushing for gender equality in the profession. She located 120 female lawyers and published an article about them in the ''
Green Bag.''
After, in April 1890, Robinson married once again. She married Eli Sawtelle, a piano dealer. On their honeymoon, they went to
Washington D.C
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
and she was sworn in as sixth women to take oath as a member of the U.S. Supreme Court bar on April 8.
Lelia J. Robinson died at the age of 41, in 1891, leaving behind a remarkable impact on our legal history. Robinson died of an accidental belladonna overdose.
In a paper published shortly before her death, she imparted these final words to future generations: "
time, 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."
The Friendship Between Leila J. Robinson and Mary Greene
In Boston, Massachusetts, 1888, there were only two women practicing law. Their names were Lelia J. Robinson and Mary Greene. The two women both had a passion for law and acquired diplomas from Boston University School of Law. The two became friends and shared similar likes. On things they agreed on, they drafted legislation for. An
amendment
An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...
to the Massachusetts Act of 1883 was written and lobbied by them. Greene and Robinson worked together to network with other professional women. Both women being a part of the Equity Club. Together in 1888, they founded the Portia Club, a club where women lawyers and law students from Massachusetts came together once a month at a Boston hotel private dining room for an informal dinner. This was done on a Saturday afternoon. Later on Greene, who was a student of Robinson, found out about her death. For a while she did not write a remembrance for Robinson. Green wrote about Robinson's strengths and continued to share Robinson's idea of law "for the people".
The Lelia J. Robinson Award
Each year,
The Women's Bar Association of Massachusetts (WBA) presents the Lelia J. Robinson Award at their annual Gala to a woman who has captured the spirit of pioneering in the legal profession and has made a difference in her community. The attorneys who are given this award have excelled in practice, government, or academia. They have served as mentors and role models and have promoted equality and justice. Recent women in Massachusetts who have received this award are: the late Honorable Judge Nonnie Burnes, Christine Hughes, and Caryn R. Mitchell-Munevar. The award is to remind ourselves of the mission that Lelia J. Robinson sought over a century ago, to extend representation to all classes of people and to build a society that is truly just. The winners of the award that have been chosen for 2024 are: Chief Justice
Kimberly Budd, Governor
Maura Healey
Maura Tracy Healey (born February 8, 1971) is an American lawyer and politician serving as the 73rd governor of Massachusetts since 2023. A member of the Democratic Party (United States), Democratic Party, she served as Massachusetts Attorney Ge ...
, and the late Honorable Maureen Mulligan.
References
External links
Series IX of the Mary Earhart Dillon Collection, 1887-1892.Schlesinger Library
Radcliffe Institute, Harvard University.
{{DEFAULTSORT:Robinson, Lelia J.
Boston University School of Law alumni
Massachusetts lawyers
1850 births
1891 deaths
19th-century American lawyers
19th-century American women lawyers
People from Washington Territory
The Boston Post people