mine workers illinois bar argued october decided december illinois bar association others brought action enjoin petitioner union unauthorized practice law union employs licensed lawyer solely compensated annual salary represent members dependents connection claims illinois workmen compensation act trial found union employment attorney constituted unauthorized practice law enjoined union mploying attorneys salary retainer basis represent members respect workmen compensation statutory claims illinois affirmed rejecting petitioner contentions decree violated first fourteenth amendments held trial decree preventing petitioner hiring attorneys salary basis assist members asserting legal rights violates freedom speech assembly petition provisions first amendment incorporated fourteenth amendment pp restraints legislation otherwise upon first amendment rights sustained merely imposed purpose dealing evil within state competence case railroad trainmen virginia bar naacp button principles controlling remote possibility harm arising theoretically conflicting interests union members justify substantial impairment union members associational rights results trial decree pp harrison combs argued cause petitioner briefs edmund burke edward carey willard owens boiarsky bernard bertrand argued cause filed brief respondents briefs amici curiae urging reversal filed jack greenberg james nabrit iii melvyn zarr jay topkis naacp legal defense educational fund et victor rabinowitz allan brotsky national lawyers guild joseph ball john goldberg samuel pruitt filed brief state bar california amicus curiae urging affirmance justice black delivered opinion illinois state bar association others filed complaint enjoin mine workers america district engaging certain practices alleged constitute unauthorized practice law essence complaint union employed licensed attorney salary basis represent members wished services prosecute workmen compensation claims illinois industrial commission trial found facts dispute employment attorney association purpose constitute unauthorized practice permanently enjoined union mploying attorneys salary retainer basis represent members respect workmen compensation claims claims may statutes laws illinois illinois rejected mine workers contention decree abridged freedom speech petition assembly first fourteenth amendments affirmed granted certiorari consider whether holding conflicts decisions railroad trainmen virginia bar naacp button trainmen case deal program successful operation union members decades shortly enactment illinois workmen compensation statute mine workers realized form mutual protection necessary enable enjoy practice many benefits statute promised theory union convention reported abuses already developed interests members juggled even required pay forty fifty per cent amounts recovered damage suits attorney fees response situation convention instructed union incoming executive board establish legal department attacked engaging unauthorized practice law undisputed facts concerning operation union legal department union employs one attorney salary basis represent members dependents connection claims personal injury death illinois workmen compensation act terms attorney employment outlined letter acting president union present attorney include following specific provision receive instructions directions interference district officer obligations relations several persons represent record shows departure agreement union provides injured members forms entitled report attorney accidents advises fill forms send union legal department language form specifically requests attorney file industrial commission application adjustment claim behalf injured member one forms received attorney presumes constitute request members may employ counsel desire fact union attorney frequently suggests members event attorney instructions turn member file new lawyer immediately applications adjustment claim prepared secretaries union offices forwarded secretaries industrial commission claim sent commission attorney prepares case file usually without discussing claim member involved attorney determines believes claim worth presents views attorney respondent coal company prehearing negotiations attempts reach settlement agreement opposing counsel reached union attorney notify injured member decides light attorney advice whether accept offer settlement reached hearing held industrial commission unless attorney occasion discuss settlement proposal member hearing normally first time attorney client come personal contact understood union membership however attorney available conferences certain days particular locations full amount settlement award paid directly injured member attorney receives part entire compensation annual salary paid union illinois rejected petitioner contention members right protected first fourteenth amendments join together assist one another assertion legal rights collectively hiring attorney handle claims held decision railroad trainmen virginia bar supra protected plans workers advised consult specific attorneys extend protect plans involving explicit hiring attorneys union illinois recognized naacp button supra also held protected plan attorneys recommended members actually paid association illinois viewed button case concerned chiefly litigation characterized form political expression think decisions trainmen button narrowly limited hold freedom speech assembly petition guaranteed first fourteenth amendments gives petitioner right hire attorneys salary basis assist members assertion legal rights start premise rights assemble peaceably petition redress grievances among precious liberties safeguarded bill rights rights moreover intimately connected origin purpose first amendment rights free speech free press though identical inseparable thomas collins see de jonge oregon first amendment however hollow promise left government free destroy erode guarantees indirect restraints long law passed prohibits free speech press petition assembly therefore repeatedly held laws actually affect exercise vital rights sustained merely enacted purpose dealing evil within state legislative competence even laws fact provide helpful means dealing evil schneider state cantwell connecticut foregoing principles invoked dealt button trainmen cases right association provide legal services members broad power regulate practice law course beyond question see trainmen supra equally apparent broad rules framed protect public preserve respect administration justice actual operation significantly impair value associational freedoms thus button supra dealt plan naacp advised prospective litigants seek assistance particular attorneys many instances actually paid attorneys held dangers baseless litigation conflicting interests association individual litigants far speculative justify broad remedy invoked state remedy seriously crippled efforts naacp vindicate rights members likewise trainmen case theoretical possibility union interests diverge individual litigant members possibility divergence ever occurred union power cut attorney referral business induce attorney sacrifice interests client ruled distant possibility harm justify complete prohibition trainmen efforts aid one another assuring injured member justly compensated injuries think button trainmen cases controlling litigation question course bound political matters acute social moment button first amendment protect speech assembly extent characterized political great secular causes small ones guarded grievances redress right petition insured right assembly solely religious political ones rights free speech free press confined field human interest thomas collins supra course trainmen litigation question solely designed compensate victims industrial accidents rejected contention made dissent see clark principles announced button applicable litigation political purposes see case bar distinguished trainmen case persuasive way sure attorney actually paid union merely beneficiary recommendations situations attorney economic welfare dependent considerable extent good union temptation sacrifice client best interests stronger present situation stronger virtually imperceptible degree cases absolutely indication theoretically imaginable divergence interests union member ever actually arose context particular lawsuit indeed present case illinois described possibility conflicting interests conceivabl suggested union achieve goals referring members specific lawyer lawyers reimbursing members common fund legal fees paid although committee american bar association informal opinion may approved arrangement think view illinois relevant point present case illinois stressed union recommends attorneys members financial connection kind union attorneys illegal seriously argued therefore alternative arrangement held proper laws illinois decree issue thus substantially impairs associational rights mine workers needed protect state interest high standards legal ethics many years program operation come light far aware one single instance abuse harm clients actual disadvantage public profession resulting mere fact financial connection union attorney represents members since operative portion decree prohibits financial connection attorney union decree stand extent part decree forbids arrangement must fall judgment decree vacated case remanded proceedings inconsistent opinion ordered footnotes giving legal counsel advice rendering legal opinions representing members respect workmen compensation claims claims may laws statutes state illinois quoted practicing law form either directly indirectly rev et seq union present attorney witness matter testified application filed industrial commission dictated secretaries prepared form direction see also union answers interrogatories freedoms protected federal encroachment first amendment entitled fourteenth amendment protection infringement see new york times sullivan cases cited irrelevant litigation trainmen involved statutory rights created congress litigation present case involved rights holding trainmen based state interference federal program violation supremacy clause rather petitioner freedom speech petition assembly first fourteenth amendments freedom course extensive respect assembly discussion related matters local matters federal concern american bar association standing committee professional ethics informal opinion december aba committee fact consider problem presented union pays fee also recommends specific attorney strongly implied reach different result situation nothing unethical situations describe long participation employer association union confined payment reimbursement legal expenses quoting brotherhood trainmen justice harlan dissenting decision cuts deeply one traditional state concerns maintenance high standards within state legal profession find unable subscribe canons professional ethics illinois state bar association forbid unauthorized practice law lay agency illinois acting light canons exercise power supervision bar prohibited mine workers america district employing salaried lawyer represent members workmen compensation actions illinois industrial commission believe regulation legal profession infringes upon rights speech petition assembly union members assured fourteenth amendment brethren apparently accord majority begins noting activity union related expression therefore type may sheltered state regulation constitution majority inquiry stop goes examine state concerns concludes decree needed protect state interest high standards legal ethics see ante agree course balancing approach see naacp button supra dissenting opinion konigsberg california bar talley california concurring opinion indeed conceive sound method attacking type problem absolute approach adopted members time time insisted first amendment cases state interest regulation given weight apparent reason example group might employ layman represent members agency felt low fee made deficiencies legal knowledge cf hackin arizona ante douglas dissenting ii illinois case repeated statement prior case union may properly make known members names attorneys deems capable handling particular types claims union notification serve assure union members access competent lawyers regards protection union members charging unreasonable fees fully efficient safeguard seem found illinois workmen compensation act amendment act shortly initial passage provided industrial commission shall power determine reasonableness fix amount fee compensation charged person service performed connection act payment made act rendered securing right act final interest sought promoted present plan collective payment legal fees objective presumably realized imposing assessments union members establishment fund injured members reimbursed legal expenses reason believe arrangement improper illinois law since union obligation run member financial connection union attorney regulatory interest state instance found potential abuse inherent union plan plan operates follows union employs licensed lawyer salary basis represent members dependents connection claims workmen compensation act members told may employ attorneys wish attorney selected executive board district terms employment specify attorney sole obligation person represented interference union injured union members furnished union form advises send form union legal department upon receipt form attorney assumes constitute request file behalf injured member claim industrial commission though explicit request contained form application compensation prepared secretaries union offices complete sent directly industrial commission instances attorney neither seen talked union member stage though attorney available consultation specified times filing claim prior hearing commission attorney prepares presentation resorting file application usually without conferring injured member ordinarily member attorney first meet time hearing commission attorney determines thinks claim worth attempts settle employer attorney prehearing negotiations agreement reached attorney recommends injured member accept result settlement occurs hearing merits held industrial commission full amount settlement award paid injured member attorney retains part amount received sole compensation annual salary paid union union plan contains features opinion illinois may reasonably consider present danger lowering quality representation furnished attorney union members handling claims union lawyer little contact client processes applications injured members mass basis evidently negotiates employer counsel many claims time state entitled conclude removed ready contact client insulated interference actual employer paid salary independent results achieved faced heavy caseload possibly activities competing time attorney tempted place undue emphasis upon quick disposition case conceivably desire process forms rapidly might influence lawyer check client regarding ambiguities omissions form miss facts circumstances consultation client brought light might led state might consider compromise cases reasons unrelated intrinsic merits need get negotiations promise employer attorney concessions relating cases desire quick disposition also might cause attorney forgo appeals cases amount awarded seemed unusually low iii majority dismisses state interest regulation pointing proven instances abuse actual disadvantage union members resulting operation union plan see ante proper question whether particular plan fact caused harm instead settled absence dominant opposing interest state may enforce prophylactic measures reasonably calculated ward foreseeable abuses fact specific activity yet produced undesirable consequences exempt regulation see hoopeston canning cullen daniel family sec life ins also irrelevant whether proscribe union plan sitting state judges state legislators sole issue us whether illinois forbidden plan unduly impinges upon rights guaranteed union members fourteenth amendment since finding union plan presents dangers public legal profession arbitrary one since limitation upon union members slight view permissible alternatives still open hold denial constitutional rights occasioned illinois prohibition plan iv affirm canons canons ethics illinois state bar association canons identical corresponding canons american bar association even absence applicable statutes state courts held empowered promulgate enforce standards professional conduct drawn common law closely related prohibitions canons ethics see maclub america mass cases therein cited see generally drinker legal ethics weighing competing interests involved approach used naacp button railroad trainmen virginia bar however since new balance must struck whenever competing interests significantly different decision controlled cases union members case asserting legal rights stem either constitution federal statute sources origin stressed respectively button see railroad trainmen see furthermore union plan issue differs referral practice involved railroad trainmen involves services lawyer similarly interests case different cases involving legal aid indigent situation salaried lawyer representing indigent clients expressly distinguished see see lathrop donohue dissenting opinion konigsberg california bar dissenting opinion rev et seq see earlier illinois decision referred brotherhood trainmen may significant union plan instituted prior amendment act see ante laws laws cf american bar association committee professional ethics informal opinion december union may reimburse member client legal expenses salary paid time action per annum attorney employed union case handled workmen compensation claims year attorney employed mine workers also illinois state senator private practice mine workers representation workmen compensation cases sources appealed illinois courts period one appealed miner affiliated district miner appealed since see respondents brief see people ex rel courtney association real estate maclub america mass cases therein cited richmond assn credit men bar assn richmond canons ethics american bar association also interpreted forbidding arrangements kind issue see american bar association committee unauthorized practice law informative opinion possible operation plan result union members receiving lower quality legal representation otherwise example mine workers present attorney recovered average per case predecessor secured average even though permissible rates recovery lower predecessor tenure see record brief respondents see also supra suggested case elsewhere cf hackin arizona ante douglas dissenting prevailing canons ethics traditional customs legal profession modified keep pace needs new social developments federal poverty program may well true considerations furnish justification today action american bar association bodies throughout country already matters consideration see aba reports establishment special committee ethical standards aba reports report special committee availability legal services state bar journal report committee group legal services moreover complexity matters makes especially suitable experimentation local level else failing congress undoubtedly power implement federal programs establishing overriding rules governing legal representation connection therewith