Recently, I paid my bar association fees (both DC and VA) and got sticker shock. The annual fee for active practice in DC is $357, and the annual fee for active practice in VA is currently $250 but soon will increase to $350 if the State Bar of Virginia has its way. Those fees are not out of line with many jurisdictions throughout the country — and they may be in line with the fees that you pay wherever you are barred.
I have an inactive status, so I pay a reduced fee, but that fee is still substantial. I have chosen an inactive status because I have no intention of returning to law practice but I still want some of the benefits of bar membership. So, inactive status works fine for me and is not a financial burden.
However, what if I was a lawyer temporarily between jobs, who was expecting to return to practice soon? That person would not want an inactive bar status even though the reduced fee might be attractive under those circumstances. That lawyer would be hoping for a a short off ramp term and would want to be able to jump right back into practice without the hassle of converting from inactive to active status and the associated requirements and delays. That lawyer would want to keep an active bar status even though paying the fee might be very challenging under those special circumstances.
And what about the lawyer who is only able to practice part-time due to family responsibilities like childcare or care for elderly relatives? Would that part-time lawyer, who has a reduced income, be able to easily afford bar fees and the other add-ons that are typical for most mandatory bar association memberships?
Bar membership should not be a burden or a challenge to lawyers who have special circumstances and are just trying to hang in the profession. Mandatory bars should not discourage lawyers from keeping their licenses active in hope that their circumstances change and they can return to either part-time or full-time practice. And it does not seem fair to force lawyers, who are only able to have part-time incomes, to pay as much as those who practice full-time and have full-time incomes.
Why would we force any of these special circumstance lawyers to go through the pain of re-activation, including CLE requirements and waiting periods, if we could make it more comfortable for them to keep their licenses active and be ready to rejoin the profession on a moment’s notice?
It’s time for mandatory bar associations to give lawyers a break. It’s time for them to reexamine their fee schedules in recognition of the challenges faced by attorneys with special circumstances.
If this issue bothers you, too, contact your bar associations and register your discontent. Even though escalating bar association fees may not amount to a burden for you, they are a challenge for many lawyers, who we should want to keep in the profession.
