American Bar Association - Criticisms

Criticisms

The ABA has been criticized for perceived elitism and overrepresentation of white male corporate defense lawyers among its membership; in 1925, African-American lawyers formed the National Bar Association at a time when ABA would not allow them to be members.

Since the 1960s, the ABA has increased the diversity of its membership. Its membership has grown from less than 11 percent of all American lawyers to roughly 50 percent today. In recent years, the ABA has also drawn some criticism, mainly from the conservative side of the political spectrum, for taking positions on controversial public policy topics such as abortion, gun control, and redefining marriage. The ABA's official position in favor of abortion rights led to the formation of a (much smaller) alternative organization for lawyers, the National Lawyers Association. The Federalist Society sponsors a twice-a-year publication called "ABA Watch" that reports on the political activities of the ABA.

There are heated debates over requirements placed on law schools by the ABA. Many states and practitioners believe ABA requirements to be unnecessary, costly, outdated and lacking innovation. Some legal professionals and academics feel these requirements promote the rising cost of tuition. In addition, the ABA has been criticized for requiring law schools to implement affirmative action programs to retain their accreditation.

The more recent collision of attorney layoffs in 2009, the glut of fresh non top-tier law graduates without work, and the continued expansion of law schools have raised questions on whether the ABA has been too lenient in its accreditation process.

The ABA has also faced criticism that it has failed or refused to stop law schools from publishing misleading data about employment and salary prospects. In response, ABA President Lamm told the Newark Star-Ledger that "Law students ought to look at the numbers and envision how their future might be before going to law school, not after."