In May, I made a significant decision not to renew my American Bar Association (ABA) membership. This marked the first time I have done this since passing the bar exam almost four decades ago. When combined with other recent developments within the ABA, my choice might suggest the organization has entered a period of diminishing relevance.
Historically, ABA membership provided attorneys with essential resources. These included high-quality continuing legal education, career opportunities, networking, and practice support. Despite these benefits, I tolerated the ABA’s repeated involvement in political and social matters, which did not align with my views or my practice. Over time, however, the value of membership diminished while the organization’s political involvement increased.
The ABA’s left-leaning stance is well-known among lawyers because the profession tends to favor big government. From a self-interested perspective, a complex legal system increases demand for lawyers to manage risks. Yet, this liberal tendency has weakened the ABA’s influence over recent decades. The organization’s ideological approach to evaluating federal judicial nominees has led some political groups to disregard its views during confirmation processes.
The ABA regularly reacts strongly to presidential actions, often aligning with minority viewpoints on issues like border security, immigration, and gender identity.
Despite attorneys being well-suited for leading public debates, the ABA has missed opportunities to foster important conversations that could enhance its relevance.
The ABA’s hold on law school accreditation and state bar admission is also weakening. States like Texas, Florida, Alabama, Ohio, and potentially Tennessee, have moved away from exclusive reliance on ABA accreditation. This trend aligns with federal actions. Last year, the Federal Trade Commission criticized the ABA for anticompetitive behavior, arguing its dominance increased legal education costs and restricted new lawyer supply.
Little of what the ABA produces today relates to my litigation practice. Recent periodicals covered topics like cat declawing laws and a judge who sings in a barbershop quartet. These topics, although meaningful to some, do not resonate with me. I found that specialized litigation bar groups, free from the ABA’s political baggage, offer better support.
As a member, I received numerous ads for products and services I did not need, cluttering my inbox. Nonrenewal simplified my communications.
The value of ABA membership no longer justifies its cost. ABA membership now stands at around 15% of practicing attorneys. The American Medical Association faces a similar decline, with only about 20% of physicians as members. Both organizations, captured by a narrow professional slice, claim to speak for all practitioners, which is misleading.
The ABA’s relevance is fading, and its future appears uncertain as it disconnects from lawyers and the broader public.
Authored by Don Daugherty, senior counsel for litigation for the Defense of Freedom Institute.
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