CBA Record May-June 2026

A Call to Thoughtful Reform This is not to say we should tear down the wall entirely. There are genuine risks in changing the way we regulate the profession. But there are also genuine risks in clinging to a model that leaves millions without representation. Somewhere between laissez faire deregulation and rigid prohibition lies a middle path: care fully structured regulatory experiments, with oversight, that test new delivery models while safeguarding core ethical duties. History has (or at least, should have) a way of humbling us. The auto club saga is a reminder that the decisions of lawyers and bar associations have long-lasting consequences, not just for our profes sion but for the public we serve. As we face today’s access-to-justice crisis, we should not repeat the mistakes of the past. Instead, we should learn from them. We can do this by approaching Rule 5.4 not as sacred text, but as a regulation that needs re-examination in light of our highest duty: ensuring that all people, not just those who can afford it, have meaningful access to legal help.

But if the auto club story teaches us anything, it is that fear driven protectionism has costs. By dismantling a promising model of group legal services nearly a century ago, the bar may have inadvertently helped construct the very crisis we now lament. Rethinking Our Commitments As lawyers, we are rightly proud of our role as guardians of profes sionalism and client protection. Rule 5.4 reflects legitimate con cerns about independence, conflicts of interest, and the dangers of allowing corporate control over legal judgment. But the history Engstrom and Stone unearth should make us pause and, as we are trained to do, reflect on the facts and circumstances. Were those concerns paramount when the CBA and others fought auto clubs? Or was economic self-interest the real motivator? If we are honest, the answer matters. Because today, as we again debate reforms to Rule 5.4, we must ask ourselves whether we are protecting clients or protecting ourselves.

The CBA Anti-Human Trafficking Committee, Cook County State’s Attorney’s Office, Cook County Human Trafficking Task Force, and the U.S. Department of Justice co-sponsored “From Awareness to Action: How Lawyers Can Combat Human Trafficking.” The CLE program is avail able on demand at learn.chicagobar.org. To get involved with the committee and learn of upcoming events, join the committee at www. chicagobar.org or send an email to committees@chicgobar.org.

Pictured from left, top row: Holly Kremin, Cook County State’s Attorney’s Human Trafficking Unit; Anna Pastor, Cook County Human Trafficking Task Force; Naderh Elrabadi, Elrabadi Law (Committee Chair); Elly Moheb, U.S. Attorney’s Office; Robert Fio retti, Disparti Law Group (Committee Vice Chair); and Lou Longhi tano, Aequitas. Pictured from left, bottom row: Elisa Munoz, Cook County State’s Attorney’s Office; Chief Judge Virginia M. Kendall, U.S. District Court for the Northern District of Illinois; Christopher Parente, Cheronis & Parente; Shoba Pillay, Jenner & Block LLP; and Dan Griffin, U.S. Securities and Exchange Commission.

Actuarial Pension Valuations • All Illinois Public Retirement Plans • Private Plans • Military and Federal (CSRS/FERS) • Non-Qualified Plans • Survivor Benefits • QILDRO Income Stream Estimates

John C. Madden (925) 258-7100

www.msmqdros.com info@msmqdros.com

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