Washington Lawyer July/August 2026
By Diane A. Seltzer
Thank you for trusting me to lead our Bar. Being elected to lead this group of nearly 124,000 smart, energetic, creative, and engaged lawyers in a record-breaking election is the honor of a lifetime. I won't forget that feeling or my responsibilities as your president. And I won't let you down.
I promised you that, as president, I would help to uphold the rule of law, ensure that lawyers are able to practice safely and represent the clients they choose, and protect the independence of our judiciary. Since the election, I have spent many hours learning about what lawyers, judges, and citizens in our country with similar priorities are doing to support those goals. It's a joyful privilege to be able to learn from the most informed and elite leaders in our profession, and I am excited to share what they've taught me.
First, a word about the role of mandatory bars. The D.C. Bar is the largest mandatory, integrated bar in the country, and we operate in a way that other bars admire, respect, and emulate. However, since all lawyers licensed to practice in the District of Columbia are required to be members, the D.C. Bar must respect their constitutional rights.
In Keller v. State Bar of California, the U.S. Supreme Court held that an integrated bar's use of mandatory dues to finance political and ideological activities violates the First Amendment rights of dissenting members when such expenditures are not "necessarily or reasonably incurred" for the purpose of regulating the legal profession or improving the quality of legal services. The Court reasoned that because lawyers have no meaningful choice but to join and fund the bar, the bar cannot compel them to subsidize speech or advocate on matters unrelated to the core functions of professional regulation and the delivery of legal services.
What Is Permitted Under Keller
Certain activities clearly fall within the permissible scope of mandatory bar spending. These activities include setting and enforcing rules of professional conduct, registering attorneys, attorney regulation, administering attorney licensing requirements, continuing legal education and professional development programs, and activities that are designed to improve the provision of legal services.
What Is Prohibited
Keller drew a firm line against using mandatory dues for activities that are political or ideological in nature and not germane to professional regulation or improving legal services. Prohibited activities include lobbying on general political issues, electoral activities such as supporting or opposing candidates or ballot measures, ideological advocacy unrelated to the legal profession, and advocating on purely political matters.
In addition to the constitutional restrictions, the D.C. Bar is further limited by several member referenda that were passed in the 1970s and 1980s. Those referenda require the D.C. Bar to seek member approval before speaking out on certain matters or filing amicus briefs.
What Our Members Can Do
Although the D.C. Bar is subject to limitations, there are countless opportunities for our members to be engaged and involved, in their personal capacities and on behalf of clients, in matters that are important to them, including protecting the rule of law. Here are some ideas:
- Take on or support impact litigation by representing clients and drafting or supporting amicus briefs that address improvements to the legal system.
- Get involved with voluntary and affinity bars and engage with their work. They do not have the same restrictions as mandatory bars.
- Defend the independence of the judiciary by writing articles and speaking out publicly in support of the hard work of our courts. Invite active and retired judges to speak at your organization on topics of importance.
- Provide pro bono legal representation in important matters such as election protection and immigration cases.
- Work to ensure free and fair elections by providing legal help to election protection organizations and state election officials.
- Draft, lobby for, and advocate for legislation and provide legal assistance to groups focused on the rule of law.
- Reread the oath you took as an attorney and keep it front of mind when you are deciding how to handle your legal matters.
- Educate the public about the legal system, access to justice, due process, the rule of law, and the importance of judges.
We are fortunate to belong to a profession that challenges injustice and finds solutions to problems. Find a way to protect democracy and the rule of law that makes sense to you, and be fierce in your advocacy.
