I felt “set up” by my success

I felt “set up” by my success

Lavinia Goodell, December 1874

In December 1874, six months after her admission to practice law, Lavinia Goodell kept busy not only running her law office but also speaking to temperance groups. Several days before Christmas, Lavinia wrote to her sister saying that the previous week she had accepted an invitation to lecture at Whitewater, Wisconsin. She said, “I was considerably alarmed at the prospect but concluded to accept. I shall have to learn to speak if I am going to make much of a lawyer.” She wrote her lecture out because she did not trust herself to make impromptu remarks. The title of her talk was “The Relation of Government to the Liquor Traffic.” She took the train from Janesville to Whitewater and several Whitewater temperance ladies met her at the depot. She said, “I had a crowded audience, and an attentive one, which applauded me generously. Didn’t feel as much scared as I expected to, and got along very well.”

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“It is real fun to be a lawyer.”

“It is real fun to be a lawyer.”

Lavinia Goodell, August 21, 1874

The early days  of Lavinia Goodell’s legal practice were busy ones.  After being admitted to practice law on June 17, 1874, she was eager to get to work and was willing to take on any clients who wanted to hire her. Lavinia’s diary entries and letters make clear that she was throwing herself into her practice with great enthusiasm and she truly enjoyed being a lawyer.

In August 1874 she tried her first cases to the court after being retained by Jefferson County temperance women to prosecute saloon keepers dealers who violated the law by selling liquor on Sundays.  She won those cases. (Read more here.) She proudly wrote to her sister, “I am not afraid of the liquor men.  I only wish I had plenty of such cases and could win them all. . . . Run away from them and they will run after you, but give them chase and they will run the other way.”

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“Little by little, but all the time, we are gaining essential rights.”

“Little by little, but all the time, we are gaining essential rights.”

Woman’s Journal, March 1877

March 8 is Women’s History Day. By happy coincidence, March 8 is also the anniversary of the day that Wisconsin’s governor signed into law legislation drafted by Lavinia Goodell allowing women to practice law in the state.

After Lavinia’s petition to be allowed to practice before the Wisconsin Supreme Court was denied in early 1876 (read more about that here), Lavinia drafted legislation that permitted people of both genders to practice law. Her Janesville colleague John Cassoday , who was speaker of the assembly, introduced the bill for her. In early 1877, Lavinia took the train to Madison where Cassoday introduced her to legislators, although the meetings apparently got off to an inauspicious start. On February 6, Lavinia noted in her diary, “Spent a stupid afternoon in Cassoday’s room waiting for men to come to me and finally had  go to them.”

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“He paid me $5.00 – my first fee here.”

“He paid me $5.00 – my first fee here.”

Lavinia Goodell, December 17, 1879

As 1879 drew to a close, Lavinia Goodell found herself depressed and in ill-health. Her move to Madison (read more here) had not gone as planned. On Wednesday, December 17 Lavinia wrote a 12-page letter to her cousin Sarah Thomas in which she poured out her frustrations.

Lavinia did have one piece of good news. She had won her first case in Madison. “One ray of sunlight has broken in upon my darkness. I won my case in justice court; beat Carpenter (a well known attorney and law professor) all to flinders – if I do say it ‘as hadn’t ought to.'”

Lavinia went on:

I sent you a “Democrat” (a daily Madison newspaper) with some account of it. The Journal didn’t condescend to notice it. I am glad if I seemed bright & witty, tho’ I didn’t feel so. Anyway everybody in the room seemed favorably impressed. There were a whole squad of young law students there, pupils of Carpenter, … and they were delighted to see me give it to the old fellow & just laughed & applauded. It must have been rather galling to him, especially as he is opposed to women lawyers, & has spoken disparagingly of my abilities. So much the worse for him now! If I am inferior & yet can beat him, where is he? Maybe he will be careful what he says for a while now.

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“Hark! Is that the step of my first client that I hear approaching my door?”

“Hark! Is that the step of my first client that I hear approaching my door?”

Lavinia Goodell, July 14, 1874

Immediately after being admitted to practice law on June 17, 1874, Lavinia Goodell took steps to open a legal practice. She had hoped to join Pliny Norcross and A. A. Jackson in their practice, but while Norcross was willing to allow her to share their offices, Jackson was not, so Lavinia told her sister, “I shall have to give up that little scheme.” However, as luck would have it, there were empty rooms for rent on the same floor of the Tallman Building as Jackson & Norcross, and Lavinia engaged one of those offices for $33.33 per annum, to be paid by the month.

Tallman Block, site of Lavinia’s first law office

Lavinia described her office:

A rather small room, but about right, with two east windows, and a small closet out of it. I have bought Mr. Hoppin’s desk, which Rebecca was glad to sell for $10.

My office is prettily furnished, and everybody says it looks pleasant. I have a pink straw matting on the floor, the one that was on my bedroom last summer, turned the other side up. Mr. Hoppin’s desk varnished over, a carpet lounge, two rocking and three arm chairs, a table on which reposes my small library. (Gerrit Smith sent her $20 to put toward her library.) And in the closet, mirror, washstand, toilet articles…. All I want now is a few good clients, which I hope the good Providence, which has always provided so well for me, will send.

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“The middle aged, grey headed individual who now addresses you is an honorable member of the Wisconsin bar.”

“The middle aged, grey headed individual who now addresses you is an honorable member of the Wisconsin bar.”

Lavinia Goodell, June 18, 1874

On the evening of Wednesday, June 17, 1874, after successfully passing a rigorous examination administered by three elder statesmen, Lavinia Goodell made history by being sworn in as Wisconsin’s first woman lawyer. The following day she wrote a long letter to her cousin Sarah Thomas. Lavinia’s own words recount the excitement of the event far better than any summary could do:

My Dear Girl,

The middle aged, grey headed individual who now addresses you is an honorable member of the Wisconsin bar. I was admitted last night, and am still in the first enthusiastic glow of happiness produced thereby.

I was in agony of impatient suspense all day Tuesday and Wednesday. Spent the time at the office, so as to get the latest intelligence from court, and devoted myself to reviewing.

Wednesday about 5 p.m. Mr. ___ came down from court saying that the prospect looked dubious. One case was finished, but they were rushing another one and he did not know when they would get time to attend to us. But he said that the young man from Beloit had come, and perhaps I had better go up and see him, and see if we could get the judge to approve a time.

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“I am bound to get in if I climb up the roof and go down the chimney.”

“I am bound to get in if I climb up the roof and go down the chimney.”

Lavinia Goodell, June 8, 1874

During the first two weeks of June 1874, Lavinia Goodell’s mind was consumed with plans to take the bar examination so that she could be admitted to practice law in Wisconsin. It was not clear until an hour prior to the examination on June 17 whether she would actually be allowed to sit for it. In a June 8 letter to her cousin Sarah Thomas, Lavinia wrote:

Have passed through some mental excitement since I wrote you last. I write you in my last letter Tuesday that I had made an attempt to have an application made for my admittance, but the man from whom I expected aid failed me. Wednesday morning when I went downtown, I was informed that the reason was because some of the lawyers, who were on intimate terms with the judge, had told him that the judge had intended to refuse me, on account of my sex, so he thought he would wait and consult me, as perhaps I would prefer to back out, and so avoid the “mitten.” (To “get the mitten” was to be rejected.)

I was very much stirred up by this piece of news and informed him that I would be admitted to the bar of Wisconsin, if I lived a few years longer, and that if Judge Conger refused me I would make him sorry for it before I had done with him, together with some other plucky and strong minded remarks, indicative of an intensely martial state of mind.

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“Lavinia Goodell is a shrewd, quick-witted girl, fond of humor, studious and argumentative.”

“Lavinia Goodell is a shrewd, quick-witted girl, fond of humor, studious and argumentative.”

Lippincott’s Magazine, March 1879

Lavinia Goodell received a fair amount of national media attention during the years she practiced law in Wisconsin. While precise numbers are virtually impossible to come by, it is fair to say that when Lavinia was admitted to practice law in the summer of 1874 there were fewer than a dozen women lawyers in the entire country. The novelty of her admission made her newsworthy, and her epic battle with Chief Justice Ryan in which she sought to be admitted to practice before the Wisconsin Supreme Court generated many columns of ink.

The March 1879 issue of Lippincott’s Magazine contained a profile of Lavinia written by someone identified only by the initials M.W.P.

The identity of the author is unknown, but he or she evidently knew Lavinia during the time she worked at Harper’s Bazar (1867 to 1871). The piece gave one of the most detailed descriptions of Lavinia’s appearance and personality:

When I first knew Miss Goodell, she was employed in a literary way in the office of Harper’s Bazar – a shrewd, quick-witted girl, fond of humor, studious and argumentative. In person she was of medium height, but looking tall from her slender, erect figure, blue-eyed, and with light brown curling hair.

From Lippincott’s Magazine March 1879
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