Short History of the Disorganized,
Organized, and Mandatory Bar
Fun Historical Facts
• Colonial Times: There were early efforts in some colonies to forbid all
law practice.
• Jacksonian influence created “extreme relaxation” of professional
standards.
• In the 1870s, regulation picked up steam. First state board of bar
examiners - New Hampshire (1868)
• U.S. departed from English model of admissions (bar/guild controls)
and European (law schools control).
• Separation of powers cases on admission didn’t arise until the 1920s.
Courts generally agreed that legislatures could tell the courts who
NOT to admit, but couldn’t dictate who had to be admitted.
ROOTS
1861
1870
1872
1873
1873
1874
1874
1874
1874
1876
Sample dates
Boston Bar Association (Wikipedia)
Bar Association of the City of New York
Cincinnati Bar Association
New Hampshire Bar Association*
Cleveland Bar Association
Iowa Bar Association
Chicago Bar Association
St. Louis Bar Association
Washington D.C. Bar Association
Boston Bar Association
1877
1878
1878
1878
1878
1890s
1910
1911
1914
Illinois Bar Association
Alabama Bar Association
Vermont Bar Association
Wisconsin Bar Association
American Bar Association
32 state bar associations
Detroit Bar promotes legal aid
Massachusetts Bar Association
American Judicature Society
calls for mandatory state bar
associations
By 1920, bar associations were widespread and had
complex identities, often functioning as combination
guild, professional association, lobbying organization,
non-profit foundation, and enforcer of professional
standards
U.S. State Bar Associations
WA
WA
1933
MT
MT
1074
OR
OR
1935
ND
ND
1921
ID
ID
1923
CA
CA
1927
UT
UT
1931
AZ
AZ
1933
MN
WI
WI
1956
SD
SD
1931
WY
WY
1939
NV
NV
1928
ME
IL
KS
OK
OK
1939
NM
NM
1925
TX
TX
1939
AK
AK
1955
MI
MI
1935
PA
IA
NE
NE
1937
CO
NY
MO
MO
1946
OH
IN
WV
WV
1947
KY KY
1934
NC
NC
1933
TN
AK
MS
MS
1932
AL
AL
1923
VA
VA
1938
GA
GA
1963
SC
SC
1968
LA
1941
FL
FL
1950
HI
HI
1989
Mandatory by Statute
Mandatory by Supreme Court
Mandatory and Voluntary
VT
NH
NH
1972
MA
RI
RI
1973
CT
NJ
DE
DC
DC
1970
Lathrop v. Donohue
367 U.S. 820 (1961)
Holding: Mandatory membership in a unified bar is
constitutional but certain political and legislative
expenses might violate members’ free speech rights.
Keller v. State Bar of California
496 U.S. 1 (1990)
“The compelled association and integrated bar are
justified by the State's interest in regulating the legal
profession and improving the quality of legal services.
The State Bar may…constitutionally fund activities
germane to those goals out of the mandatory dues of
all members. It may not, however, in such manner
fund activities of an ideological nature which fall
outside of those areas of activity.”
Mandatory Bars Are All Over The Map on
Lobbying Outside the Judicial Branch
None
North Carolina
Virginia
West Virginia
Very Little
Alabama
California
Kentucky
Mississippi
Some
Alaska
Arizona
Florida
Georgia
Hawaii
Louisiana
Michigan
Missouri
Montana
Nevada
New Hampshire
New Mexico
North Dakota
Oklahoma
Oregon
Rhode Island
South Carolina
South Dakota
Texas
Utah
Washington
Wyoming
Out There
Nebraska
Wisconsin