Written by attorneys · grounded in primary & secondary sources — see below
A national professional organization of lawyers that establishes ethical standards for the profession and accredits organizations that certify legal specialists.
Sources & Authorities· 2 primary sources
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Model Codes
Course Outlines
Dictionaries
How it applies
Common Examples
6
Specialist Certification Advertising
Adrian Aguilar wants to advertise his certification as a family law specialist. The organization granting the certification received accreditation from the American Bar Association. He names the organization in the communication and supplies his contact information. The advertisement complies with applicable professional conduct requirements.
Spousal Testimony Recommendation
Austin Abbott faces a criminal prosecution in which prosecutors seek to compel his spouse to testify against him. The American Bar Association has urged courts to replace the broad adverse testimony privilege with a narrower protection limited to confidential communications. The court evaluates the proposed limitation when deciding whether to allow the testimony.
Uniform Abortion Act Endorsement
Anika Anand drafts state legislation modeled on a uniform act concerning abortion procedures. The American Bar Association House of Delegates approved the uniform act at its annual meeting. Legislators cite the ABA action when debating whether to adopt the measure.
Jury Trial Standards Study
Angela Acosta challenges a state rule allowing nonunanimous verdicts in misdemeanor cases. The American Bar Association Project on Standards for Criminal Justice has examined similar procedures and their effect on court delays. The court reviews the ABA findings when assessing the constitutional claim.
Amicus Filing on Privacy Claim
Ava Adebayo litigates a challenge to a state statute criminalizing private consensual conduct. The American Bar Association files an amicus brief addressing the constitutional issues presented. The court considers the brief when evaluating the validity of the statute.
Equal Protection Analysis Brief
Alexis Archer sues to invalidate a state constitutional amendment that restricts local antidiscrimination ordinances. The American Bar Association submits an amicus brief analyzing the equal protection implications. The court examines the brief during its review of the amendment.
Common questions
Frequently Asked
5
How does the American Bar Association affect a lawyer's ability to advertise a specialty?+
The Model Rules permit a lawyer to state or imply certification as a specialist only when the certifying organization has been accredited by the American Bar Association or approved by state authority. The communication must clearly identify the organization and include contact information for a responsible lawyer. Compliance allows the lawyer to convey the specialty without violating the prohibition on unsubstantiated claims.
Supporting sources
What position has the American Bar Association taken on the adverse spousal testimony privilege?+
The American Bar Association Committee on Improvements in the Law of Evidence recommended abolition of the broad privilege against adverse spousal testimony. It favored replacing the rule with a narrower protection limited to confidential marital communications. Courts have referenced this recommendation when reconsidering the scope of the privilege.
Supporting sources
Has the American Bar Association endorsed model legislation on abortion?+
The ABA House of Delegates approved the Uniform Abortion Act drafted by the Conference of Commissioners on Uniform State Laws. The approval occurred at the February 1972 meeting. Legislators and courts have cited the ABA action when considering uniform standards for abortion procedures.
Supporting sources
How has the American Bar Association addressed jury trial procedures in misdemeanor cases?+
The ABA Project on Standards for Criminal Justice examined procedures allowing nonunanimous verdicts or bench trials in misdemeanor prosecutions. The project recognized certain three-judge panels as a possible compromise where jury trials are unavailable. Courts have considered these standards when evaluating claims of unconstitutional delay or procedural unfairness.
Supporting sources
In what capacity does the American Bar Association participate in constitutional litigation?+
The American Bar Association files amicus curiae briefs in cases raising significant constitutional questions. These briefs present the organization's analysis of the legal issues. Courts may reference the briefs when resolving disputes involving privacy, equal protection, or other fundamental rights.
Supporting sources
American
Civil Liberties Union et al. by Laurence H. Tribe, James D. Esseks, Steven R. Shapiro, and Matthew A.…
American Bar Association
Reports 594-595 (1938). In its place, Wigmore and others suggested a privilege protecting only private marital communications, modeled…