The Incoherence of the Unified Bar Concept: Generalizing from the Wisconsin Case

Many of the unified bars—public bodies to which all lawyers must belong and pay dues in order to practice—have been embroiled in legal and political disputes recently. Focusing on the history of the unified bar in Wisconsin, this article accounts for these disputes in terms of contradictions inherent in the very concept of a unified bar. Across a wide range of issues, the author argues, decision makers have been unsure whether to treat a unified bar as a public agency, a compulsory membership organization, or a private voluntary association, and thus unable to determine when public accountability, the protection of dissident members, or associational autonomy should be the dominant policy in unified bar affairs. The author concludes that disputes over questions of unified bar governance are unlikely to subside and that the unified bars should therefore be terminated in favor of a combination of private voluntary state bar associations and administrative agencies independent of the organized bar.