The American Bar Association (ABA ), founded August 21, 1878, is a lawyers association of lawyers and law students voluntarily, which is not specific to jurisdiction in the United States. The most important activities of ABA are the setting of academic standards for law schools, and the formulation of model codes of ethics related to the legal profession. ABA has 410,000 members. Its national headquarters are in Chicago, Illinois; it also maintains a significant branch office in Washington, D.C.
Video American Bar Association
History
ABA was founded on August 21, 1878, in Saratoga Springs, New York, by 75 lawyers from 20 states and the District of Columbia. According to the ABA website,
The legal profession as we know it today is almost non-existent at the time. Lawyers are generally single practitioners trained under the internship system. There is no national code of conduct; no national organization serves as a forum for discussion of the increasingly complex issues involved in legal practice.
The original organizational objectives, as set out in the first constitution, are "the progress of jurisprudence, the promotion of judicial administration and regulatory uniformity throughout the country...."
In 1918, the first woman was accepted at ABA - Judge Mary Belle Grossman from Cleveland and Mary Florence Lathrop from Denver.
The ABA did not allow African-Americans to join until 1943.
Roberta Cooper Ramo was the first female ABA President from 1995-1996.
In 2016 the ABA introduces new ethical rules that prohibit lawyers using sexist, racist, and demeaning terms.
Maps American Bar Association
Missions
ABA is a professional union. The stated goals and objectives are:
- Goal 1: Serve our members. (Objective: To provide benefits, programs and services that promote professional growth and quality of life.)
- Goal 2: Improve our profession. (Objectives: 1) Promoting legal education of the highest quality; 2) Promoting competence, ethical behavior and professionalism; 3) Promote pro bono and public services by the legal profession.)
- Goal 3: Eliminate bias and increase diversity. (Objectives: 1) Promote full and equal participation in our association, profession, and justice system by everyone; 2) Eliminate bias in the legal profession and judicial system.)
- Goal 4: Go for the rule of law. (Objectives: 1) Increase public understanding and respect for the rule of law, legal process, and the role of the legal profession at home and around the world; 2) Maintain a government accountable under the law; 3) Working for justice, including human rights, and due process of justice; 4) Ensuring meaningful access to justice for all; and 5) Maintain the independence of the legal and judicial professions.)
Leadership and governance
ABA adopted a "policy" (organizational position) on certain legislative and national issues, elected by the 589 delegates of elected members. The Board of Governors, with 44 members, has the authority to act on ABA, consistent with previous actions of the House of Delegates, when the DPR is not in session.
The president of ABA, elected for a one-year term, is the associate's chief executive officer, while the executive director is appointed and serves longer as chief operating officer. The conclusion of the ABA Annual Meeting, in August, is when a new president takes office, as well as when the main session of the Delegation House takes place. The Annual Meeting also provides an opportunity for the general members to participate in educational programs and hear speakers overcome many problems.
In 2010, Jack L. Rives, formerly TJAG (Air Force Advocate Judge), was appointed as the Executive Director and Chief Operating Officer.
Model of ethical standards for lawyers
One of the functions of ABA is the creation and maintenance of ethical standards codes for lawyers. The Professional Responsibility Model Code (1969) and/or the newer Professional Rules of Conduct Model (1983) have been adopted in 49 states, the District of Columbia and the US Virgin Islands. The exceptions are the State Bar of California; however, some parts of the California Professional Rules of Conduct are derived from the ABA model.
Accreditation of US law schools since 1923
According to the ABA, it "grants law school accreditation, continuing law education, information on law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the community The American Bar Association's mission is to be a national representative of the legal profession, public and professions by promoting fairness, professional excellence and respect for the law. "Since 1923, law schools that meet ABA standards are listed as" approved ".
ABA accreditation is important not only because it affects the recognition of the law schools involved, but also affects the ability of graduates to practice law in certain countries. Specifically, in most US jurisdictions, graduation from ABA-accredited law school is a prerequisite for being allowed to take the state language exam, and even for existing lawyers to be accepted in other state bars as it moves. Even countries that recognize unaccredited schools within their boundaries generally will not recognize these schools from other jurisdictions for the purpose of admission of new students.
For law students attending ABA-accredited schools, membership is available free of charge. Students who attend a non-accredited ABA law school are allowed to join ABA as an associate member.
In June 2009, ABA Journal reported that ABA has been working "for months" to change its accreditation standards, where accreditation will be the result of what ABA law school lawyers produce compared to "input" measures such as the size of the faculty, budget and physical plant.
In 2012, a nonprofit organization called Transparency School of Law asked ABA to provide meaningful statistics on job prospects and graduate information on accredited ABA institutions. On October 17, 2011, the ABA announced it is considering penalties, including the loss of accreditation for schools that misreported the employment data of their graduates. Beginning with Class 2011, ABA-accredited legal schools are required to file a 509 Standard Information Report which includes a number of data, ranging from LSAT law student scores to prohibit graduate levels. Job information is filed separately into Sections. On December 12, 2011, despite the ongoing controversy surrounding law school accreditation standards and the inability of law school graduates to effectively serve their educational debt, the ABA approved another law school.
Decision of antitrust and contempt fine
In 1995, the US Department of Justice accused ABA of violating Part 1 of the Sherman Act in the process of accrediting its law school. The case was settled with a consent decision. In 2006, the ABA admitted that it violated the approval decision and paid the DOJ a $ 185,000 fine.
Advanced legal education
The American Bar Association Center for Continuing Legal Education (ABA-CLE) serves as the central CLE resource for ABA. It is overseen by ABA's Standing Committee on Sustainable Legal Education and works closely with experts from the ABA Section and profession widely. In addition to its own distribution, ABA-CLE is also delivered through private and non-profit CLE organizations, such as the Practicing Law Institute and nonprofit organizations, such as West LegalEdCenter.
Publications
- Association
The Association publishes a monthly general magazine distributed to all members, ABA Journal (since 1984, formerly American Bar Association Journal , 1915-1983), now online.
- Sections, divisions and forums
ABA members may also join certain training settings or "parts" of subjects, "divisions" or "forums", and each entity publishes various newsletters and magazines for its members (such as Practice Law Magazine) published by the Division Practice of Law and Magazine GPSolo published by Solo, Small Firm and General Practice Division). Some of these magazines, such as the Business Law Section of "Today's Business Law," are available on-line to non-members. The first journal is the Annual Newsletter from the Comparative Law Bureau, the first comparative law journals in the US (1908-1914). Entities also hold their own meetings, such as the annual Solo Day.
Each entity usually has a publication program that includes (1) a book, usually practitioner-oriented; (2) scientific journals, such as Administrative Legal Review (published by Section ABA Law Administration & Regulatory Practice and University of Washington University of Law Americas) and International Lawyers (published by Legal Department ABA International and Dedman High School Law School); (3) bulletins, such as The International Law News (published by ABA's International Law Division); (4) e-publication, such as a monthly message from the section chief, or updates on the development of substantive law; and (5) committee publications, such as committee newsletters published by one of the substantive legal committees.
Commission on the Rights of Disability
The ABA Commission on Mental Defects was established in 1973 to respond to the advocacy needs of mentally challenged people. Following the passage of America with the Disabilities Act of 1990, the ABA expanded the Commission's mission to serve all persons with disabilities and changed its name to the Mental and Physical Disability Law Commission (CMPDL); it was recently renamed the Commission on the Rights of Persons with Disabilities (CDR) (in 2011). The Commission undertakes a series of projects and activities addressing public policies related to disability, disability law, and professional needs of lawyers and law students with disabilities. Its mission is "to promote the ABA's commitment to justice and the rule of law for mentally, physically and sensitively disabled persons and to promote their full and equal participation in the legal profession." The Commission consists of 15 members appointed by the elected President of ABA on an annual basis. It meets three times a year and is headquartered in Washington, D.C.
Commission on Homelessness & amp; Poverty
In 1991, the Commission on Homeless & amp; Poverty was established by the Board of Governors of ABA. The Commission is charged with:
- Educate bar and public members about legal issues and other issues of the poor and homeless and the ways in which lawyers can assist in solving or improving them;
- Training of lawyers in the area required to provide pro bono legal assistance to homeless and those at risk of becoming homeless;
- Work with all ABA entities on issues that arise in their jurisdiction affecting the poor and the homeless; and
- Engaging in such further activities may be necessary and appropriate for the fulfillment of these responsibilities, including working with federal, state, local and local executive branches and the legislature on matters relating to the poor and the homeless.
These tasks were carried out by thirteen volunteer members appointed by the ABA President and a staff attorney. Commission
Sexual Orientation and Gender Identity
The ABA Commission on Sexual Orientation and Gender Identity was established in 2007. According to its website, the Commission "leads ABA's commitment to diversity, inclusion and full and equal participation by lesbians, gays, bisexuals and transgenderers in associations, the legal profession and society." Commission
about Women in Profession
The ABA Commission on Women in Professionals was established in 1987. Hillary Clinton was the first chairman. According to its website, the commission "forges a new and better profession that ensures that women have equal opportunities for professional growth and advancement that is commensurate with their male counterparts." In 2017, the commission released "Glimpse of Women in Law", providing research on the status of women in the American legal profession. Some important points from the ABA 2017 study:
- There has been a 6 percent increase in female lawyers over the last decade, with women currently accounting for 36 percent of the legal profession.
- School law provides 47.3 percent of J.D.s to women, who have been consistent over the last 10 years.
- In private practice law firms, women account for less than 22 percent of partners, up 4.2 percent over the past 10 years.
- In the past decade, there has been a significant female growth rate in the role of general advisors in Fortune 500 companies, but women still represent only 24.8 percent of Fortune 500 general advisors.
Discrimination against LGBT
In 2011, ABA Delegation House issued an anti-bullying resolution that encompasses sexual orientation and gender identity among the characteristics to be protected, along with race, religion, national origin, gender, and disability.
At the 2013 annual meeting, ABA House of Delegates passed a resolution that made it more difficult for criminal defense lawyers to use LGBT panic defenses, which argued that the sexual orientation of a crime victim should reduce the guilt of the accused.
At the 2014 annual meeting, the ABA passed Resolution 114B, which stated that "lesbians, gay, bisexual, and transgender people (LGBT) have human rights to be free from discrimination, threats and violence based on their LGBT status" countries where such discriminatory laws exist to withdraw them.
Gender-neutral language
In 1989, ABA House of Delegates adopted a resolution stating that "the American Bar Association and its respective entities must use gender-neutral languages ​​in all documents establishing policies and procedures."
Required mandatory sentence
A hearing in 2009 heard testimony from the ABA stating that "Punishment with a mandatory minimum is the antithesis of a rational punishment policy". In 2004, the association called for the annulment of mandatory minimum mandates, stating that "there is no requirement for mandatory minimum penalties in a guided punishment system."
Presidential signing statement
In July 2006, the ABA task force under President Michael S. Greco released a report concluding that the use of a "signing statement" by George W. Bush violated the Constitution. This is a document attached by the President when signing a bill, in which the President declares that he will enforce a new law only to the extent that he feels the law conforms to the proper interpretation of the Constitution.
same sex marriage
At the annual meeting of 2010, the ABA passed Resolution 111 urging every state, territorial, and tribal government to remove legal barriers to civil marriage between two persons of the same sex who were eligible to marry.
Judicial nomination ratings
For decades, the ABA has participated in the federal judicial nomination process by examining nominations and giving them ratings ranging from "unqualified" to "good quality". According to the ranking summary, the ABA Committee on Federal Courts began assessing the nominations of the Supreme Court in 1956, but: "At various points in its history, the committee changed its ranking category, making comparisons across difficult times."
The committee consists of two members of the ninth judicial circuit, one member of each federal court circuit and committee chairman. The ABA Board of Governors, the House of Delegates and officers are not involved with the committee's work, and it is entirely isolated from the rest of ABA's activities, including its policies. Although the committee assesses a prospective candidate, he does not propose, recommend or support candidates for nominations to federal courts, as this would jeopardize his independent evaluative function.
The committee only focuses on the integrity, professional competence, and temperament of the judiciary; does not consider the philosophy of candidate, political affiliation or ideology; and work in strict secrecy, usually evaluating about 60 nominations per year. The nominees are rated as "good quality", "qualified" or "unqualified". If the president chooses a prospective candidate, the committee chairman notifies the White House, the Department of Justice, a member of the Senate Judiciary Committee, and a committee assessment nomination.
There are some procedural differences between the committee's investigations of the Supreme Court nominees and those of the lower courts, particularly that the investigation of the Supreme Court candidates comes after the president nominates. Also, there is additional oversight with Supreme Court candidates, such as teams of law professors examining prospective legal notes of justice.
This process has been alleged by some (including the Federalist Society) to have a liberal bias. For example, the ABA gives candidates Ronald Reagan, Richard Posner and Frank H. Easterbrook, low ratings of "quality/not quality"; Later, ABA gave Bill Clinton court nominations with similar resumes of "good quality" ratings. Meanwhile, Judge Posner and Easterbrook have become the two highest judges in the federal appeals court.
In 2001, the George W. Bush government announced that they would stop working with the ABA before the judicial nomination. ABA continues to rate nominations. In 2005, the ABA gave John Roberts, George W. Bush's nomination for US Supreme Court Justice, a "good quality" assessment. It also gave unanimous "quality" ratings to adjudicate the nominations of the court of Miguel Estrada, who never took his seat because his candidacy has been granted. However, it only ranks "qualified/unqualified" to nominate Janice Rogers Brown. In 2006, ABA gave a "good quality" rating to Judge Samuel Alito, who was appointed by Bush to Associate Justice Sandra Day O'Connor.
However, Conservative Justices John G. Roberts Jr., Conservative Judge Samuel Alito, Liberal Judge Ruth Bader Ginsburg, Liberal Justice Elena Kagan, and Conservative Justice, Neil Gorsuch, all received the same "good quality" rating.
Criticism
ABA has been criticized for racism. In 1925, African-American lawyers established the National Bar Association at a time when the ABA did not allow them to become members.
Since the twenty-first century, the ABA has increased its diversity of membership and leadership. Dennis Archer, who served as ABA president from 2003 to 2004, was the first African-American to hold that position, while Paulette Brown, 2015-2016, was the first president of an association of colored women. Steve Zack, whose term in 2010 and 2011, was the first American Cuban to hold the post of president of the American Bar Association.
In 2016, for the first time, ABA has a list of all-female officers, including two African-Americans and one Native American: Linda A. Klein (president), Hilarie Bass (elected president), Deborah Enix-Ross House of Delegates), Mary L. Smith (secretary), Michelle A. Behnke (treasurer) and Paulette Brown (direct president in the past).
In recent years, the ABA has also drawn some criticism, particularly from the conservative side of the political spectrum, for taking positions on controversial public policy topics such as abortion, gun control, and same-sex marriage. ABA's official position in favor of abortion rights leads to the creation of an (much smaller) alternative organization for lawyers, the National Lawyers Association. The Federalist Society sponsors a two-yearly publication called "ABA Watch" which reports on ABA's political activities (although in September 2017 the Federalist Society website did not show the issue of "ABA Watch" newer than 2014.)
There is a heated debate about the requirements placed in law school by ABA. Many countries and practitioners believe that ABA requirements are unnecessary, expensive, outdated and lacking in innovation. Some legal professionals and academics feel this requirement encourages the increase in tuition fees.
A more recent collision of lawyers' resignation in 2009, an abundance of new non-top-tier law graduates with no work, and continued expansion of law schools have raised the question of whether the ABA is too lenient in its accreditation process.
Since 2014, the ABA requires law schools to disclose more information about their applicants and graduates. Required information now includes information such as admissions data, tuition and fees, living expenses, conditional fellowships, enrollment data, full-time and part-time teachers, first-class and first-year course sizes, employment results and data bar sections. 205 ABA-approved law schools report that, 10 months after graduation, 28,029 graduates of the 2015 class, or 70 percent, are employed in full-time long positions where a bar or J.D section is preferred.
Latest ABA President
- 2000-2001: Martha Barnett
- 2002-2003: Alfred P. Carlton, Jr.
- 2003-2004: Dennis W. Archer (first African-American male president)
- 2004-2005: Robert J. Gray, Jr.
- 2005-2006: Michael S. Greco (first foreign-born president)
- 2006-2007: Karen J. Mathis
- 2007-2008: William H. Neukom
- 2008-2009: H. Thomas Wells, Jr.
- 2009-2010: Carolyn B. Lamm
- 2010-2011: Stephen N. Zack (first American Hispanic president)
- 2011-2012: Wm. T. (Bill) Robinson III
- 2012-2013: Laurel G. Bellows
- 2013-2014: James R. Silkenat
- 2014-2015 William C. Hubbard
- 2015-2016 Paulette Brown (first African-American woman president)
- 2016-2017 Linda Klein
- 2017-2018 Hilarie Bass
Annual meeting
Every year in August, ABA holds annual meetings in various cities consisting of speeches, CLE classes, meetings, and ABA EXPO. At the meeting, the highest honorary recipient of the association, the American Bar Association Medal, was announced.
See also
- ABA digital signature guidance
- ABA Professional Behavior Model Code
- Attorney at law (United States)
- Bar Association
- Bar (legal)
- Legal practice
- Legal practice management
- National Lawyers Guild
- Solosez, an electronic mailing list sponsored and hosted by the American Bar Association
- Law School Admission Council
- The American Law School Association
References
External links
Media linked to the American Bar Association on Wikimedia Commons
- Official website
- Archives of the American Bar Association FBI on the Internet Archive
Source of the article : Wikipedia
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