Challenges Facing the American Bar Association: A Personal Perspective

In May, I chose not to renew my American Bar Association (ABA) membership. This was a first in nearly four decades since passing the bar exam. This decision aligns with growing concerns about the ABA’s relevance. Historically, the ABA offered essential resources for attorneys. These included high-quality continuing education, career opportunities, networking, and practice support. Despite these benefits, I often overlooked the ABA’s political and social stances. I found these stances inconsistent with my personal views and unrelated to my practice.

However, over time, the benefits of ABA membership have diminished. Membership fees have risen, while political positions from the organization have become more pronounced and extreme. The ABA’s left-leaning stance isn’t surprising given lawyers’ general political tendencies. Favoring big government might have self-interested appeal. Complex legal frameworks increase the need for lawyers to navigate risks. Yet, the ABA’s liberal tendencies have affected its reputation over decades. Its ideological approach to evaluating federal judicial nominees received criticism. This led to dismissive views from one political side during confirmations.

The ABA’s amicus briefs and public positions have often aligned with polarized political views. On issues like border security, immigration, gender identity, and racial preferences, the organization follows minority perspectives. Attorneys are well-suited for leading respectful debates, but the ABA has missed opportunities. It hasn’t promoted such discussions to enhance relevance. Recently, the ABA’s influence on law school accreditation and state bar eligibility has weakened. The Texas and Florida Supreme Courts no longer solely rely on ABA accreditation. Alabama and Ohio have followed suit, with Tennessee possibly doing the same.

This trend mirrors federal actions. The Federal Trade Commission criticized ABA’s anticompetitive practices in accreditation. They argued these practices increased education costs, limited new lawyer supply, and imposed an elitist model on schools. The ABA’s political leanings have grown more pronounced, and its relevance to litigation practice has dwindled. Recent ABA publications have focused on topics like cat declawing restrictions and barbershop quartets. These may interest some lawyers, but not all.

The ABA’s litigation section provided useful resources, but specialized groups offer comparable support without political bias. Additionally, frequent advertisements for unrelated products cluttered my inbox. Ending my membership reduced this. For me, ABA membership no longer justified its cost. Membership is now less than 15% of practicing attorneys. Like the ABA, the American Medical Association faces similar challenges, with only about 20% of physicians as members. Both organizations are seen as speaking for all practitioners, though their influence wanes.

As the ABA’s relevance declines, its future appears uncertain. By losing touch with lawyers and most Americans, it risks alienating its membership base. This could ultimately prove detrimental for the organization.

Don Daugherty is senior counsel for litigation at the Defense of Freedom Institute. © 2026 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.