Break up the ABA’s Monopoly
Allow AAR Lawyer Accreditation
by Sondra Wilson. updated July 26, 2025.
The 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 barely existed at that time. Lawyers were generally sole practitioners who trained under a system of apprenticeship.
The purpose of the original organization, as set forth in its first constitution, was “the advancement of the science of jurisprudence, the promotion of the administration of justice and a uniformity of legislation throughout the country (de Sousa, Hindess, & Larmour, 2012, p. 54).
According to Black’s Law Dictionary 10th Ed., a monopoly is defined as, “Control or advantage obtained by one supplier or producer over the commercial market within a given region,” or “The market condition existing when only one economic entity produces a particular product or provides a particular service. The term is now commonly applied also to situations that approach but do not strictly meet this definition.”
“[Ninety per cent] is enough to constitute a monopoly; it is doubtful whether sixty or sixty-four per cent is enough; and . certainly thirty-three per cent is not.” U.S. v. Aluminum Co. of Am., 148 F.2d 416, 424 (2d Cir. 1945).
“In the modern sense, a monopoly exists when all, or so nearly all, of an article of trade or commerce within a community or district, is brought within the hands of one person or set of persons, as practically to bring the handling or production of the commodity or thing within such single control to the exclusion of competition or free traffic therein. A monopoly is created when, as the result of efforts to that end, previously competing businesses are so concentrated in the hands of a single person or corporation, or a few persons or corporations acting together, that they have . power, for all practical purposes, to control the prices of | a commodity and thus to suppress competition. In brief, a monopoly is the practical suppression of effective business competition which thereby creates a power to control prices to the public harm.” (American Jurisprudence 2d [Am. Jur. 2d], 1996).
Does the American Bar Association Hold a De Facto Monopoly?
It is reasonable to argue that the American Bar Association (ABA) holds a de facto monopoly in the field of legal education and licensure in the United States. While the ABA does not hold a statutory (de jure) monopoly, its practical control over the legal profession closely resembles monopolistic authority in several critical areas.
ABA Control Over Accreditation
The ABA is the only organization currently recognized by the U.S. Department of Education to accredit law schools in a manner that allows their graduates to qualify for the bar examination in all 50 states (U.S. Department of Education, n.d.). Although technically possible, no other accrediting body has been granted this same authority. As a result, ABA-accredited law schools form the primary—if not exclusive—pipeline for entry into the legal profession nationwide.
Gatekeeping Legal Licensure
In most jurisdictions, graduating from an ABA-accredited law school is a prerequisite to sitting for the bar exam (American Bar Association, 2023). Thus, the ABA’s standards directly influence who may become a licensed attorney. This gatekeeping role impacts not only access to the profession but also the structure and cost of legal education itself.
Influence Over Legal Education
ABA accreditation standards dictate the structure of law school curricula, faculty qualifications, library requirements, and administrative policies (ABA Section of Legal Education and Admissions to the Bar, 2022). As a result, the ABA exerts a strong influence on what constitutes a valid legal education, thereby discouraging alternative or more affordable models.
Lack of Competitive Alternatives
Although some states, notably California, permit law schools that are state-accredited or unaccredited, the vast majority of states do not recognize degrees from these institutions (State Bar of California, n.d.). This lack of national portability limits the viability of non-ABA alternatives, reinforcing the ABA’s dominance.
Not a Formal Monopoly
Despite its powerful position, the ABA does not hold a legal monopoly. In theory, another accreditor could be recognized by the Department of Education. In practice, however, no such competitor has emerged. Additionally, a few states offer nontraditional pathways to licensure—such as “reading the law” under a judge or attorney—but these are rare and carry significant limitations (Carpenter, 2021).
Conclusion
In practice, the ABA functions as a de facto monopoly over legal education and access to the legal profession in the United States. Though not mandated by statute, the concentration of power in the ABA’s hands limits competition, increases barriers to entry, and shapes the professional landscape in ways that resemble monopolistic control.
References
American Bar Association. (2023). ABA-approved law schools. https://www.americanbar.org/groups/legal_education/resources/aba_approved_law_schools/
ABA Section of Legal Education and Admissions to the Bar. (2022). Standards and rules of procedure for approval of law schools. https://www.americanbar.org/content/dam/aba/publications/misc/legal_education/Standards/2022-2023/2022-2023-aba-standards-and-rules-of-procedure.pdf
American Jurisprudence 2d. (1996). Monopolies, restraints of trade, and unfair trade practices (Vol. 54A, § 781, p. 107). Thomson Reuters.
Carpenter, M. (2021). Reconsidering legal education: Apprenticeships, law office study, and the bar exam. Journal of Legal Studies in Education, 38(2), 213–229.
de Sousa, L., Hindess, B., & Larmour, P. (2012). Governments, NGOs and anti-corruption: The new integrity warriors (p. 54). Routledge.
Garner, B. A. (Ed.). (2014). Black’s law dictionary (10th ed., deluxe ed.). Thomson Reuters.
State Bar of California. (n.d.). Law schools and law study. https://www.calbar.ca.gov/Admissions/Law-School-Regulation/Law-Schools
U.S. Department of Education. (n.d.). Accreditation in the United States. https://www.ed.gov/accreditation