Patrick, Deval

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Deval Patrick
1956–

Lawyer, corporate executive

Deval Laurdine Patrick was raised by his mother and grandparents in a poverty-stricken neighborhood on Chicago's South Side. His father, a saxophone player, left the family when Patrick and his sister were still very young. Patrick attended the Mary C. Terrell School in the 1960s. Because the school was located in a rough neighborhood bordering a housing project, each student was required to slide a pass under the door to gain entry. Patrick's teachers and counselors quickly realized his academic potential and recommended him for the scholarship program, A Better Chance. In 1970, he received a scholarship to prestigious Milton Academy. The school provided an environment that young Patrick had never before experienced. He bloomed academically, intellectually, and socially. An English teacher took him on trips with his family. The Milton experience changed Patrick's entire perspective on life and propelled him into a successful career in civil rights and corporate litigation.

Patrick was the first in his family to go to college. Accepted to five Ivy League colleges, he chose Harvard without hesitation. He majored in English and American literature and graduated cum laude from Harvard in 1978. His stellar academic performance won him a Rockefeller fellowship for a year's travel and study abroad. Patrick chose to work in the Sudan, as he wanted to learn more about the geography, cultures, and languages of Africa. In Khartoum, he received his acceptance letter to Harvard Law School. At Harvard he continued to excel academically. He worked for the school's legal clinic and was a member of the winning team in the Moot Court competition. He took the best speaker award.

After his graduation from law school, he was given a coveted clerkship with Stephen Reinhardt, a federal judge, U.S. Court of Appeals, 11th Circuit, Los Angeles. In 1983 Patrick married Diane Bemus and moved to New York City to work as a staff attorney for the NAACP's Legal Defense and Educational Fund. He wanted to specialize in voting rights cases but instead was assigned to litigate cases dealing primarily with capital punishment. He traveled the country, mostly the Deep South, handling appeals for death penalty cases. Patrick and Lani Guinier, another NAACP lawyer, were successful in challenging a number of capital punishment cases using the racial discrimination defense. They also won some high-profile voter registration cases, most notably one against Bill Clinton when he was governor of Arkansas.

In 1986 Patrick had started a family and was ready to curtail his excessive traveling. He was hired at Hill & Barlow in Boston where he joined another Harvard graduate Reginald Lindsay, Hill & Barlow's first black partner. Patrick became a partner in 1990. He represented black defendants who were pressured into taking high interest home improvement loans through the use of excessive and overbearing sales tactics. Patrick's efforts resulted in initiatives to improve financial lending to low-income, black communities in Boston. He was known for accepting cases bypassed by the legal community. People praised him for advocating fair and equitable outcomes in his cases.

Becomes Civil Rights Advocate

Patrick had garnered enough public mention and name recognition to be considered for public office in Massachusetts. In 1994, he was nominated to be the Justice Department's assistant attorney general for civil rights. President Clinton, stinging from previous failed attempts to fill the position, wanted a candidate with a moderate stance on civil rights issues that was unlikely to stir controversy. Patrick's writings and previous caseload provided little evidence that could be used against his confirmation. He sailed though the Judiciary Committee's confirmation hearings with nearly unanimous confirmation. Patrick's supporters believed that his leadership would restore credibility to the department and boost the morale of its legal staff. He assumed his new responsibilities with an emotionally stirring speech, promising to move the nation back to a consensus on civil rights.

Chronology

1956: Born in Chicago, Illinois on July 31
1974: Graduates from Milton Academy, Boston
1982: Graduates with J.D. with honors from Harvard Law School; serves as law clerk for Judge Stephen Reinhardt, U.S. Court of Appeals, Ninth Circuit
1983: Begins career as a staff attorney for NAACP Legal Defense and Education Fund; marries Diane Louise Bemus
1986: Hired as an attorney at Hill & Barlow, Boston
1994: Appointed by President Clinton as an assistant attorney general for civil rights
1997: Returns to private practice at Day, Berry & Howard, Boston
1999: Named vice-president and general counsel at Texaco Inc.
2001: Hired by Coca-Cola as executive vice-president and general counsel
2004: Resigns from the position at Coca-Cola
2005: Considers possible run in the Massachusetts gubernatorial race

Expectations were that Patrick, as the nation's civil rights advocate, would concentrate heavily on enforcement in the areas of voting and civil rights. Patrick believed in strong and aggressive action tempered with compassion and fairness. Although he strongly pushed enforcement cases on many fronts, he did not shy away from more contentious and controversial cases involving racial preferences; in fact, he aggressively prosecuted them. His enforcement actions encompassed a wide spectrum of discrimination cases covering public accommodations, zoning, lending, employment, housing, and voting rights. Patrick's ruling in one of his first cases resulted in an outcry from bankers. In an attempt to battle lending bias, he forced the Chevy Chase Federal Savings Bank to spend $1$1 million to build branches and dispense low-interest loans in black neighborhoods. Bankers disagreed with Patrick's interpretation of the intent of the law particularly since there had been no previous discrimination complaints against the bank. Patrick argued that although the bank gave fair treatment to individual loan applicants, its service to the entire black community was inadequate. The case proved that Patrick was not deterred by the industry's complaints and was well able to negotiate an agreeable compromise. His efforts ended amicably, and his skills in consensus building were highly praised.

Another case that had garnered strong support from the previous administration of George H. Bush presented a more formidable challenge for Patrick. The case involved a white teacher who had been fired in 1989 by the school board in Piscataway, New Jersey. When cutting staff from its declining business program, the school board had been forced to make a difficult choice between a black and a white teacher with equal qualifications and seniority. Patrick supported the school board's decision to retain the black teacher. In essence, he reversed the EEOC decision on the case made during the Bush administration. When conservative Republican critics protested, Patrick argued that employers should be free to use affirmative action goals in termination decisions when candidates held equal qualifications. His critics viewed the case as a radical policy shift towards quotas. Both Patrick and President Clinton were opposed to quotas, but Patrick supported the more traditional approach of giving preference to women and other minorities. In the 1992 final ruling on the case, the judge found that the school board had violated the law. The fired teacher was awarded lost wages with interest plus compensation for pain and humiliation.

The Piscataway case generated talk of abolishing all affirmative action programs. President Clinton himself appeared to be shifting from race and gender-based programs towards programs based on economic need. Patrick refused to let his frustration interfere with his commitment to equality. He forged on with vigorous enforcement actions, including a racial discrimination case against the Denny's restaurant chain that ended with a settlement of $54 million against the company. Patrick was also confronted with the rash burnings of black churches in the South and bursts of violence at abortion clinics. However strained the situation was, Patrick did not seem deterred by political ramifications or repercussions and continued to steadily oppose any policies that would impose limits on affirmative action.

In 1997, Patrick resigned his position with the Justice Department. He had been commuting to Washington from his home in Milton and wanted more time with his family. In addition he cited the financial limitations of federal government employment. He was ready for new challenges and experiences and was looking for a position that would offer him the opportunity to practice law on a national level. Boston's elite law firm, Day, Berry, & Howard made him an offer that matched his expectations. He was hired as a full partner with the opportunity to continue active participation in public affairs. His responsibilities involved litigating and advising companies on disability, fair lending, and other civil rights employment issues. Patrick was in such high demand for consultation on diversity that instead of a lighter schedule, he was traveling as much as before. In addition to his duties at the law office, he was teaching at Harvard University and Boston College. He was also named a distinguished visiting professor at Stanford University where he taught a civil rights course.

Enters Boardroom of Multinational Corporations

In December 1998, Patrick was named vice-president and general counsel at Texaco Inc. At 42 years of age, he became the company's first black vice-president. In mid-1997, while still a partner at Day, Berry, & Howard, Patrick had consented to chair Texaco's independent Equality and Fairness Task Force on diversity. The seven-member task force was responsible for reviewing and overseeing the company's hiring and employment practices. It was created by court order as part of the settlement in a racial discrimination lawsuit filed by the company's black employees. In its first evaluation report, the task force approved of the company's internal efforts to address race relations and improve career mobility for its minority employees. Patrick resigned from the task force, not wanting to compromise the group's independence. Some questioned the appointment; others saw it as a sign that Texaco was sincere in its diversity efforts. Patrick served for two years at Texaco as vice-president, general counsel, and executive council member.

Coca-Cola hired Patrick away from Texaco in February 2001. He was appointed as general counsel to settle a class action, racial discrimination lawsuit filed against Coke by its black employees. With his new position, Patrick became the company's highest-ranking black executive. In 2004, a series of resignations cascaded down the executive ladder at the Atlanta-based soft drink company. Patrick was among the casualties. He resigned days before his third anniversary as executive vice-president, general counsel, and secretary. Although speculations surfaced that Patrick was forced out because the company was unhappy with his handling of its legal troubles, he said he resigned voluntarily for personal and professional reasons. He had revamped Coke's diversity program but along the way encountered a number of challenging cases. One was a whistleblower suit, filed in 2003, that resulted in Coke's admission of accounting mistakes. The case precipitated investigations by the U.S. attorney's office in Atlanta and the Securities and Exchange Commission. In another suit, investors alleged that Coke committed fraud in Japan by rigging marketing tests to inflate sales. Patrick departed in December 2004 with a generous severance package.

Future Role in Politics

Patrick's star rose steadily through prominent corporate management positions. His name was included on the list of the nation's highest-paid lawyers and top-ranking African American executives. Despite his increasing responsibilities, he continued in an advisory and consulting role to numerous boards and organizations. He served on the board at Coca-Cola, Reebok, and other large corporations. He was a trustee at Milton Academy. In 1991 Patrick was appointed as vice-chairman and member of the Massachusetts Judicial Nominating Council Executive Committee. The council recruited, screened, and recommended candidates for judgeships to the Republican governor of Massachusetts, William F. Weld. He visited South Africa in 1997 to assist the government in drafting civil rights legislation.

Patrick dabbled in politics but stayed mostly on the sidelines. In 1997, the attorney general of Massachusetts, Scott Harshbarger, named Patrick as the general chairman of his campaign in the race for governor. Many expected that if Harshbarger won, Patrick would be named to his cabinet. Failing that, he would at some point run for political office. Patrick took the leap of faith in 2005 when he announced that he was testing the waters for a potential run in the Massachusetts governors' race. Patrick certainly has plenty of what it takes to win a campaign: money and brains. His future in politics may be secure.

REFERENCES

Books

Strumolo, Amy Loerch. "Deval Patrick." Contemporary Black Biography: Profiles from the International Black Community. Ed. Shirelle Phelps, Detroit: Gale Research, 1996.

Periodicals

Bolick, Clint. "Rule of Law: Coronation of a Quota King at Justice." Wall Street Journal, 31 August 1994.

Caplan, Lincoln. "Serenely against the Tide." U.S. News & World Report 121 (25 November 996): 45.

?????. "A Civil Rights Tug of War". Newsweek 125 (13 February 1995): 34.

George, Grace. "Coke Loses Top Black Executive and General Counsel." Black Enterprise 35 (August 2004): 28.

Gest, Ted. "The Man in the Line of Fire." U.S. News & World Report 116 (14 February 1994): 26-27.

Haygood, Will. "Partners in Power: Deval Patrick and Reginald Lindsay Took Different Paths from Poverty to a Top Boston Law Firm." The Boston Globe, 23 September 1993.

Moore, W. John. "Legal Affairs: Collision Course." National Journal 26 (3 December 1994): 2830-34.

Phillips, Frank. "Ex-Rights Enforcer Eyes Governorship; Some Say He Could Energize Democrats." Boston Globe 17 January, 2005.

Shao, Maria. "Patrick Lands with Day Berry." Boston Globe, 31 January 1997.

Yang, Catherine. "The Education of Deval Patrick." Business Week (12 September 2003): 92-93.