Written by attorneys · grounded in primary & secondary sources — see below
A national voluntary association of lawyers that develops model rules of professional conduct and accredits certifying organizations for legal specialization.
Sources & Authorities
How it applies
Common Examples
6
Specialist Certification Advertisement
Amber Alonzo wants to advertise her certification as a family law specialist. The certifying body received accreditation from the ABA, so her communication satisfies the condition allowing her to state the credential while naming the organization and including her contact information.
Ineffective Assistance Claim Review
Ava Adebayo challenges her conviction on ineffective assistance grounds. The court measures her lawyer's performance against prevailing norms, including ABA standards for criminal justice, to decide whether counsel rendered reasonable assistance under all circumstances.
Select any source to read its text and confirm it supports the definition.
Model Codes
Dictionaries
Strickland v. Washington466 U.S. 668 (1984)
Agency Structure Challenge
Azure Solutions sues to remove PCAOB members appointed by the SEC. The Court examines whether the dual-layer removal protection violates separation of powers, noting the President's signing statement and an ABA task force report on signing statements and unitary executive theory.
Free Enterprise Fund v. Public Company Accounting Oversight Board561 U.S. 477, 489, 130 S. Ct. 3138, 3150, 177 L. Ed. 2d 706 (2010)
Abortion Regulation Standards
Ariana Azizi seeks an abortion in a state with strict facility rules. The Court reviews historical justifications for criminal abortion laws and notes the ABA House of Delegates approval of the Uniform Abortion Act as reflecting contemporary professional standards.
Roe v. Wade410 U.S. 113 (1973)
Confession Admissibility Dispute
Andre Antoine moves to suppress statements made during custodial interrogation without warnings. The Court surveys comparative practices and references ABA participation in drafting a model code of pre-arraignment procedure to assess the need for procedural safeguards.
Miranda v. Arizona384 U.S. 436 (1966)
Attorney Advertising Restriction
Abigail Alvarez challenges a state ban on lawyer advertising. The Court analyzes whether the prohibition on commercial speech violates the First Amendment, drawing on the ABA's role in shaping professional conduct rules governing attorney communications.
O’Steen v. State Bar of Arizona433 U.S. 350, 97 S.Ct. 2691, 53 L.Ed.2d 810 (1977)
Common questions
Frequently Asked
3
What role does the ABA play in lawyer discipline across jurisdictions?+
The ABA Model Rules supply the substantive standards that jurisdictions adopt or adapt. Rule 8.5 confirms that a lawyer admitted in one jurisdiction remains subject to disciplinary authority wherever the lawyer provides services, and reciprocal enforcement of sanctions advances consistent protection of clients.
Supporting sources
How does ABA accreditation affect a lawyer's ability to advertise a specialty?+
A lawyer may state or imply certification as a specialist only when the certifying organization has been approved by state authority or accredited by the ABA. The communication must also clearly identify the certifying organization and include the name and contact information of a responsible lawyer.
Supporting sources
Do courts consult ABA standards when evaluating ineffective assistance claims?+
Yes. Prevailing norms reflected in ABA standards help determine whether counsel's performance was reasonable under all circumstances, though those standards do not create a mechanical checklist for judicial review.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…physicians or osteopaths who are licensed to practice and who have "adequate training." Id. , at 398. 8. The position of the American Bar Association. At its meeting in February 1972 the ABA House of Delegates approved, with 17 opposing votes, the Uniform Abortion Act that had been drafted and approved the preceding August by the…