Page 526 - 2024 Orientation Manual
P. 526
lawsuit challenging the bar’s expenditures, including an award of attorneys’ fees to
the prevailing plaintiff. 37
The Court in Popejoy said that "even if a given activity possesses
communicative content of a political or ideological nature, it may nevertheless be
reasonably related to the practice of law, to the regulation of the legal system, or to
the improvement of legal services." Indeed, under Keller guidelines "compulsory
financial support of some activities with at least a modicum of ideological content
is inevitable." 38
In 1998, a Florida lawyer petitioned to enjoin the state bar and its directors,
officers, employees, and agents from engaging in lobbying and legislative
activities. He asserted that the Bar provided administrative support to a private,
non-profit organization called Florida Lawyers Association for the Maintenance of
Excellence, Inc. 39 In Florida Bar v. Schwarz, the Supreme Court of Florida held
that neither the state bar’s contracting to provide services to the lawyers
association nor state bar officers’ participation in the voluntary association violated
laws pertaining to use of compulsory bar dues on lobbying for legislative
activities. 40 In this situation, the members ’ contributions were voluntary, the bar
exercised no dominion or control over association’s activities, and the association
regularly reimbursed bar for expenses incurred in providing personnel and support
to it. 41
37 See Id. at 1429-32.
38 887 F.Supp. at 1428.
39 See Florida Bar v. Schwarz, 708 So.2d 589 (Fla. 1998).
40 See Id. at 590.
41 See Id.
Page 11 of 15