American Bar Association
The ABA is the largest voluntary professional association for lawyers in the United States, founded 1878. Despite representing only 12-15% of American lawyers, ABA holds exclusive federal authority to accredit law schools and its Model Rules of Professional Conduct have been adopted by all 50 states.
The ABA demonstrates the 'essential infrastructure' pattern: declining membership but retained power through controlling professional entry points and standards that others must adopt.
ABA membership collapsed from 50% of lawyers (1979) to 12-15% (~150,000 of 1.37M lawyers) today, yet retains vast power. FTC formally accused ABA of operating illegal monopoly on accreditation (December 2025). Texas proposing to eliminate ABA accreditation requirement entirely. Model Rules adopted by all 50 states despite representing minority of lawyers. Law school tuition up 46% (private) and 132% (public) from 1999-2014, blamed partly on expensive ABA-mandated inputs (3-year curriculum, tenured faculty, physical libraries).
Key Facts
Power Dynamics
Only Department of Education-recognized law school accreditor; publishes Model Rules that states adopt; issues ethics opinions
Real power is infrastructure lock-in: States require ABA-accredited law schools for bar admission. Model Rules serve as template every state uses. Even with 12% membership, ABA 'speaks for the profession' because alternatives don't exist
- Standards Review Committee (law school insiders dominate)
- House of Delegates
- State bar associations can modify Model Rules but start from ABA template
- State Supreme Courts (adopt Model Rules)
- Department of Education (grants accreditation authority)
- Law school deans (lobby for/against standards)
- Treasury/SEC/DOJ (treat ABA as negotiating partner)
Revenue Structure
American Bar Association Revenue Sources
- Membership dues 45% ↓
- Meeting fees and conferences 20% →
- Accreditation fees 15% →
- Publications and CLE 20% ↔
$71M (2017) → $45M (2021); 36% collapse
Paid by law schools, not disclosed separately
Membership revenue collapsing. If Texas/Florida eliminate ABA requirement and others follow, accreditation revenue could vanish. 2017 operating deficit of $7.7M
Unlike AMA (CPT codes = 61% of revenue), ABA doesn't have single mandatory revenue stream. But accreditation fees more stable than dues
Decision Dynamics at American Bar Association
Treasury pressure on anti-money-laundering rules (Resolution 100, 2016): ABA bent within months when threatened with regulation
Ethics 2000 Commission: 1997-2002 for ABA adoption; full state implementation by 2009 (12 years total)
House of Delegates meets twice yearly; state adoption has no timeline; Standards Review Committee dominated by law school insiders
Failure Modes of American Bar Association
- 1995-96 DOJ antitrust case: consent decree for restricting competition
- 2006 contempt finding: violated consent decree, $185K fine
- 2017: $1.3M employee embezzlement
- Representing 12% of lawyers while claiming to speak for profession
- Antitrust exposure increasing (FTC 2025)
- State defection cascade possible (Texas, Florida moving)
- Governance captured by law school insiders
If 5-10 major states eliminate ABA requirement after Texas, law schools lose accreditation incentive. Model Rules adoption would slow as states develop independent rules. ABA becomes prestige club without teeth
Biological Parallel
ABA controls who can 'reproduce' as a lawyer through exclusive accreditation authority—like a species that controls access to essential breeding grounds. Model Rules function like pheromone trails: coordinating behavior across 50 state bars without formal hierarchy. States voluntarily adopt because they solve coordination problem. The 'infrastructure lock-in' is path-dependent: once established, switching costs prohibitive. But if Texas defects successfully, the matrix becomes unnecessary and power collapses.
Key Agencies
Only federally-recognized law school accreditor; determines who can sit for bar exam
300+ member policy body; meets twice yearly
Develops Model Rules adopted by all 50 states