By Michelle A. Behnke
2025 saw a host of challenges in the legal sector. There were attacks on the judiciary, attacks on the profession and attacks on the independence of the Department of Justice. There were efforts to end diversity, equity and inclusion programs, many of which our profession relies on to ensure that pathways to legal careers are open to all and that equal justice under the law is available to everyone.
The good news is that the American Bar Association, through our broad and diverse network of members, entities, and national and international partners, works each day—both visibly and behind the scenes—to uphold the rule of law, defend the independence of the judiciary, and preserve the integrity of the legal profession. The ABA works in ways big and small to uphold the principles on which our Constitution and judicial system are founded. The ABA remains committed to a diverse, inclusive and equitable legal profession and judicial system. But it is sometimes easy to lose track of all we do on a daily basis and what we’ve done over the last year. Some question whether the ABA has done enough in response to these challenges and demand that we speak out more. The ABA can’t speak to every issue every day, but we have not been silent.
A few highlights from the last 12 months:
• Launched a Rule of Law in America CLE series exploring the integrity of our legal system and the vital role of an independent judiciary.
• Filed lawsuits against the government for what we believe to be wrongful actions, including the termination of congressionally approved and funded grants for the ABA to promote the rule of law internationally and to combat domestic violence and sexual assault in the United States. We also filed suit against the government seeking to halt the Law Firm Intimidation policy it has used to restrain law firms that represent issues elected and appointed officials may disfavor.
• Vigorously defended lawsuits challenging ABA diversity programs.
• Created a Center for Civic Engagement, Education and the Rule of Law, bringing together individual ABA practice groups and committees to work collaboratively to increase civic engagement and education and increase efforts to support and defend the rule of law both at home and abroad.
• Issued statements denouncing efforts to intimidate the judiciary and calling for increased judicial security. We’ve also lobbied for additional security measures and systems to track threats to judges.
• Issued statements to educate about the First Amendment when the public discourse criticizing the administration intersected with government regulatory authority.
• Issued fact-based educational statements when Supreme Court Emergency Docket decisions allowed race and language-based immigration stops while the underlying cases work their way through the court system.
The ABA also focused on supporting lawyers in their lives and work. A few highlights from the last 12 months:
• Added important resources for younger lawyers to the ABA Learning Management Platform and created the ABA Essential Career Toolkit for New Lawyers, which provides substantive resources for those first years in practice.
• Continued to advocate for mental health in our profession so that lawyers are able to serve their clients and their communities without burning out or turning to destructive coping mechanisms.
• Provided resources to help law students prepare for bar exams and develop professional networks to find employment.
• Advocated during our annual grassroots ABA Day event and throughout the year for adequate funding of civil legal services to ensure that justice is accessible to all.
It has been a challenging year, but the ABA remains committed to the rule of law. In the year ahead, we know the issues we face won’t be solved by one momentous act or statement. Lawyers and nonlawyers alike are disturbed over issues of legal and judicial ethics and insist that everyone involved in the justice system, from the most to least powerful and influential, are held accountable.
While the ABA is not a disciplinary body, and our comment on the conduct of individual lawyers is therefore not appropriate, we have long held the role of creating the Model Rules of Professional Conduct as we advance our mission to set the highest standards for our profession. These challenges, and challenges not yet imagined, will be solved by lawyers working hard, using creativity and analytical skills, and doing their best each and every day.
The ABA will not let attacks on the rule of law become acceptable or normalized. We will not grow tired and weary. Just as 25 lawyers who signed the Declaration of Independence did 250 years ago, we will remain vigilant and engaged with the work ahead.
We will persevere.
————————
Michelle A. Behnke, a member of the Boardman Clark law firm in Madison, Wisconsin, is president of the American Bar Association. Prior to joining the firm, she was the principal of the firm Michelle Behnke & Associates, where her practice focused on business, real estate and estate planning. Behnke’s experience in the real estate area was recognized by her election to membership in the American College of Real Estate Lawyers. She has also been elected into The American Law Institute, the American Bar Foundation Fellows and the Wisconsin Bar Foundation Fellows.
(https://www.americanbar.org/news/abanews/aba-news-archives/2026/01/looking-back-and-looking-forward/)
2025 saw a host of challenges in the legal sector. There were attacks on the judiciary, attacks on the profession and attacks on the independence of the Department of Justice. There were efforts to end diversity, equity and inclusion programs, many of which our profession relies on to ensure that pathways to legal careers are open to all and that equal justice under the law is available to everyone.
The good news is that the American Bar Association, through our broad and diverse network of members, entities, and national and international partners, works each day—both visibly and behind the scenes—to uphold the rule of law, defend the independence of the judiciary, and preserve the integrity of the legal profession. The ABA works in ways big and small to uphold the principles on which our Constitution and judicial system are founded. The ABA remains committed to a diverse, inclusive and equitable legal profession and judicial system. But it is sometimes easy to lose track of all we do on a daily basis and what we’ve done over the last year. Some question whether the ABA has done enough in response to these challenges and demand that we speak out more. The ABA can’t speak to every issue every day, but we have not been silent.
A few highlights from the last 12 months:
• Launched a Rule of Law in America CLE series exploring the integrity of our legal system and the vital role of an independent judiciary.
• Filed lawsuits against the government for what we believe to be wrongful actions, including the termination of congressionally approved and funded grants for the ABA to promote the rule of law internationally and to combat domestic violence and sexual assault in the United States. We also filed suit against the government seeking to halt the Law Firm Intimidation policy it has used to restrain law firms that represent issues elected and appointed officials may disfavor.
• Vigorously defended lawsuits challenging ABA diversity programs.
• Created a Center for Civic Engagement, Education and the Rule of Law, bringing together individual ABA practice groups and committees to work collaboratively to increase civic engagement and education and increase efforts to support and defend the rule of law both at home and abroad.
• Issued statements denouncing efforts to intimidate the judiciary and calling for increased judicial security. We’ve also lobbied for additional security measures and systems to track threats to judges.
• Issued statements to educate about the First Amendment when the public discourse criticizing the administration intersected with government regulatory authority.
• Issued fact-based educational statements when Supreme Court Emergency Docket decisions allowed race and language-based immigration stops while the underlying cases work their way through the court system.
The ABA also focused on supporting lawyers in their lives and work. A few highlights from the last 12 months:
• Added important resources for younger lawyers to the ABA Learning Management Platform and created the ABA Essential Career Toolkit for New Lawyers, which provides substantive resources for those first years in practice.
• Continued to advocate for mental health in our profession so that lawyers are able to serve their clients and their communities without burning out or turning to destructive coping mechanisms.
• Provided resources to help law students prepare for bar exams and develop professional networks to find employment.
• Advocated during our annual grassroots ABA Day event and throughout the year for adequate funding of civil legal services to ensure that justice is accessible to all.
It has been a challenging year, but the ABA remains committed to the rule of law. In the year ahead, we know the issues we face won’t be solved by one momentous act or statement. Lawyers and nonlawyers alike are disturbed over issues of legal and judicial ethics and insist that everyone involved in the justice system, from the most to least powerful and influential, are held accountable.
While the ABA is not a disciplinary body, and our comment on the conduct of individual lawyers is therefore not appropriate, we have long held the role of creating the Model Rules of Professional Conduct as we advance our mission to set the highest standards for our profession. These challenges, and challenges not yet imagined, will be solved by lawyers working hard, using creativity and analytical skills, and doing their best each and every day.
The ABA will not let attacks on the rule of law become acceptable or normalized. We will not grow tired and weary. Just as 25 lawyers who signed the Declaration of Independence did 250 years ago, we will remain vigilant and engaged with the work ahead.
We will persevere.
————————
Michelle A. Behnke, a member of the Boardman Clark law firm in Madison, Wisconsin, is president of the American Bar Association. Prior to joining the firm, she was the principal of the firm Michelle Behnke & Associates, where her practice focused on business, real estate and estate planning. Behnke’s experience in the real estate area was recognized by her election to membership in the American College of Real Estate Lawyers. She has also been elected into The American Law Institute, the American Bar Foundation Fellows and the Wisconsin Bar Foundation Fellows.
(https://www.americanbar.org/news/abanews/aba-news-archives/2026/01/looking-back-and-looking-forward/)
