NCJ Number
47621
Date Published
1976
Length
17 pages
Annotation
A REVIEW OF THE POSITIONS TAKEN BY THE AMERICAN BAR ASSOCIATION (ABA) IS PRESENTED WHICH SUGGESTS THAT, CONTRARY TO ABA ASSERTIONS OF ACTING IN THE PUBLIC INTEREST, THE ABA OFTEN ACTS AS A LEGAL TRADE ASSOCIATION
Abstract
THROUGH ITS COMMITTEES AND SECTIONS THE ABA EXERTS CONSIDERABLE INFLUENCE IN A NUMBER OF AREAS, MANY POLITICALLY CONSISTENT WITH THE SELF-INTERESTS OF THE LEGAL PROFESSION AND ITS MEMBERS. A BRIEF REVIEW OF ABA STANCES ON SOCIOPOLITICAL ISSUES FROM ITS FOUNDING IN 1878 INDICATES THAT THE ABA NOT INFREQUENTLY HAS ALIGNED ITSELF WITH CONSERVATIVE FORCES, AND HAS REVEALED A KEEN SOLICITUDE FOR ITS OWN PUBLIC IMAGE RATHER THAN A CONCERN OVER SOCIAL ISSUES. HAVING INCREASED ITS MEMBERSHIP BY 50 PERCENT IN THE PAST DECADE, THE ABA HAS GROWN LESS STRIDENTLY CONSERVATIVE AND MORE MODESTLY LIBERAL. THE ABA HAS, SINCE THE 1960'S, ENDORSED DIRECT ELECTION OF THE PRESIDENT, THE EQUAL RIGHTS AMENDMENT, LEGAL SERVICES FOR THE POOR, COURT REFORM, AND DECRIMINALIZATION OF CONSENSUAL SEXUAL ACTIVITIES AND MARIJUANA USE. THESE ARE WELL-MEANING AND SAFE POLICIES, AND CONTAIN NOTHING NOT TO THE INTERESTS OF LAWYERS AND THEIR CLIENTS. HOWEVER, DURING THE SAME PERIOD, THE ABA HAS ALSO OPPOSED A NUMBER OF PROPOSALS WHICH WOULD HAVE REDUCED THE ROLE OF LAWYERS, SET FIXED LEGAL FEES, OR PROVIDED FOR GREATER CONSUMER PROTECTION. IT HAS ALSO PROMOTED ACTION TO IMPROVE BENEFITS TO SELF-EMPLOYED PERSONS (SUCH AS LAWYERS) AND TO PERMIT LAWYERS TO PRACTICE BEFORE FEDERAL AGENCIES WITHOUT SPECIAL PERMISSION OR EXAMINATION. THAT MANY OF THESE POLICIES ARE NOT UNRELATED TO ASSOCIATIONS MEMBERS' ECONOMIC INTERESTS IS CLEAR. THE ABA'S PREFERENCE FOR SELF-SERVING POLICIES IS APPARENT IN THE SYSTEMATIC CONFLICTS OF INTERESTS WHICH MARK MANY OF ITS SPECIAL COMMITTEES. FOR INSTANCE, THE COMMITTEE ON AVIATION IS CHAIRED BY AN AFFILIATE OF EASTERN AIRLINES. SIMILAR CONFLICTS ARE APPARENT IN A CLOSER SCRUTINY OF OTHER SECTIONS SUCH AS THE ANTITRUST SECTION. THE ABA'S CONSERVATISM IS ALSO APPARENT IN ABA POLICY ON GENOCIDE, WAR, AND HUNGER. WHILE ABA FUNDS DEVOTED TO PUBLIC SERVICE AND EDUCATION ARE CONCENTRATED IN SUCH AREAS AS PRISON REFORM, CRIMINAL JUSTICE, AND LEGAL RIGHTS FOR THE MENTALLY DISABLED, THE ABA'S POLITICAL POSITIONS HAVE IN GENERAL AVOIDED PROMOTING ISSUES AGAINST ITS OWN ECONOMIC SELF-INTEREST AND ARE OFTEN TIMID AND INCONSISTENT. WHEN A PROGRESSIVE POSITION IS TAKEN, THE ABA IS GENERALLY FOLLOWING BEHIND MAJOR MOVEMENTS RATHER THAN TAKING A LEADING ROLE. ALTHOUGH THE ABA HAS IN SOME OF ITS ACTIONS SHOWN INCREASING CONCERN WITH PUBLIC INTERESTS, IT HAS AS YET NOT MOVED AWAY FROM CONCERN WITH ITS OWN WELL-BEING TO A SERIOUS EXPLORATION OF HOW ITS POWER COULD BE USED TO ADVANCE THE CAUSE OF LEGAL JUSTICE. NOTES ARE PROVIDED. (JAP)