railroad trainmen virginia bar argued january decided april injunction issued state prohibiting unlawful solicitation litigation unauthorized practice law labor union advising injured members dependents obtain legal assistance settling claims recommending specific lawyers handle claims infringes rights guaranteed first fourteenth amendments naacp button followed judgment decree vacated case remanded beecher stallard john naughton argued cause petitioner briefs edward henslee arnold elkind aubrey bowles argued cause respondent brief aubrey bowles iii wayland cedarquist holcombe perry warren resh earl sneed filed brief american bar association amicus curiae urging affirmance justice black delivered opinion virginia state bar brought suit chancery city richmond virginia brotherhood railroad trainmen investigator employed brotherhood attorney designated regional counsel enjoin carrying activities bar charged constituted solicitation legal business unauthorized practice law virginia conceded order assist prosecution claims injured railroad workers families workers killed job brotherhood maintains virginia throughout country department legal counsel recommends brotherhood members families names lawyers brotherhood believes honest competent finding brotherhood plan resulted channeling substantially workers claims lawyers chosen department legal counsel issued injunction brotherhood carrying plan virginia appeals virginia affirmed summarily objections injunction abridges brotherhood rights first fourteenth amendments guarantee freedom speech petition assembly granted certiorari consider constitutional question light recent decision naacp button brotherhood plan new one roots go back brotherhood founded fraternal mutual benefit society promote welfare trainmen protect families exercise benevolence needful calling hazardous railroad work time indeed dangerous odds railroad brakeman dying natural death almost four one average life expectancy switchman seven years quite natural therefore railroad workers combined strength efforts brotherhood order provide insurance financial assistance sick injured members seek safer working conditions trainmen railroad brotherhoods moving forces brought passage safety appliance act make railroad work less dangerous also supported passage federal employers liability act provide recovery damages injured railroad workers families away harsh technical rules sometimes made recovery difficult even impossible soon became apparent railroad workers however simply federal statutes books enough assure workers receive full benefit compensatory damages congress intended injured workers families often fell prey one hand persuasive claims adjusters eager gain quick cheap settlement railroad employers lawyers either competent try lawsuits able experienced railroad counsel willing settle case quick dollar protect obvious hazards injured man widow workers brotherhood set legal aid department since renamed department legal counsel basic activities enjoined plan divided sixteen regions brotherhood selected advice local lawyers federal state judges lawyer firm region reputation honesty skill representing plaintiffs railroad personal injury litigation worker injured killed secretary local lodge go widow children recommend claim settled without first seeing lawyer brotherhood judgment best lawyer consult counsel selected area dispute parties exact meaning decree rendered brotherhood objects specifically provisions enjoin holding lawyers selected approved lawyers aid members families manner soliciting encouraging legal employment selected lawyers act combination acts formulating putting practice plan pattern design result channel legal employment particular lawyer group lawyers seriously doubted first amendment guarantees free speech petition assembly give railroad workers right gather together lawful purpose helping advising one another asserting rights congress gave safety appliance act federal employers liability act statutory rights vain futile workers talk together freely best course follow right members consult fraternal organization necessarily includes right select spokesman number expected give wisest counsel role played members carry legal aid program right workers personally special department brotherhood advise concerning need legal assistance importantly lawyer member confidently rely inseparable part constitutionally guaranteed right assist advise virginia undoubtedly broad powers regulate practice law within borders occasion past recognize regulating practice law state ignore rights individuals secured constitution said naacp button supra state foreclose exercise constitutional rights mere labels virginia sought halt commercialization legal profession might threaten moral ethical fabric administration justice ambulance chasing railroad workers recommending competent lawyers obviously engaging practice law lawyers select parties soliciting business interesting note great britain unions simply recommend lawyers members need advice retain counsel paid union represent members personal lawsuits practice similar upheld naacp button supra state invoking power regulate professional conduct attorneys infringe way right individuals public fairly represented lawsuits authorized congress effectuate basic public interest laymen expected know protect rights dealing practiced carefully counseled adversaries cf gideon wainwright associate together help one another preserve enforce rights granted federal laws condemned threat legal ethics state keep workers using cooperative plan advise one another use direct means bar resorting courts vindicate legal rights right petition courts handicapped last term occasion consider earlier attempt virginia enjoin national association advancement colored people advising prospective litigants seek assistance particular attorneys fact case unlike one attorneys actually employed association recommended recommendations made even nonmembers naacp button supra held although petitioner amply shown activities fall within first amendment protections state failed advance substantial regulatory interest form substantive evils flowing petitioner activities justify broad prohibitions imposed present case state failed show appreciable public interest preventing brotherhood carrying plan recommend lawyers selects represent injured workers brotherhood activities fall clearly within protection first amendment constitution protects associational rights members union precisely naacp hold first fourteenth amendments protect right members brotherhood maintain carry plan advising workers injured obtain legal advice recommending specific lawyers since part decree brotherhood objects infringes rights stand extent part decree forbids activities must fall course lawyers accepting employment constitutionally protected plan like protection state abridge judgment decree vacated case remanded proceedings inconsistent opinion ordered footnotes find necessary consider brotherhood additional argument decree violates brotherhood right represent workers guaranteed railway labor act stat amended constitution brotherhood railroad trainmen brotherhood railroad trainmen insurance department preamble interstate commerce commission third annual report griffith vindication national public policy federal employers liability act law contemp prob stat amended stat amended earlier version law passed two years earlier stat held unconstitutional employers liability cases constitutionality statute sustained second employers liability cases brotherhood also provides staff expense investigate accidents help gather evidence use injured worker family trial necessary vindicate rights certain provisions decree enjoin brotherhood sharing counsel fees lawyers recommended countenancing sharing fees regional investigators brotherhood denies engaged practices since compliance decree illinois see brotherhood railroad trainmen since brotherhood objecting provisions decree except insofar might later construed barring brotherhood helping injured workers families recommending settle without lawyer recommending certain lawyers selected brotherhood extent pass upon validity provisions disposition case consider brotherhood claim findings supported substantial evidence bar relies common law canons ethics american bar association adopted rules appeals virginia xviii several virginia statutes prohibiting unauthorized practice law canons ethics bar refers prohibit respectively stirring litigation control exploitation lay agency professional services lawyer aiding unauthorized practice law canons statutes respectively set qualifications practice law state provide injunctions running capping soliciting maintenance virginia code naacp button konigsberg state bar schware board bar examiners see feather essence trade unionism london cf drinker legal ethics hildebrand state bar cal carter dissenting cal traynor dissenting see also gibson florida legislative investigation louisiana ex rel gremillion naacp shelton tucker bates city little rock naacp alabama ex rel patterson schneider state justice clark justice harlan joins dissenting decision today overthrows state regulation legal profession relegates practice law level commercial enterprise permits labor union contrary state law engage unauthorized practice soliciting personal injury cases among membership behalf regional attorneys president placed union approved list local officials union call member suffering injury seek secure employment approved attorneys prosecution claims damages arising therefrom moreover union president controls appointment dismissal approved attorney also considerable influence fees often controls disposition cases furthermore least union required approved attorneys pay portion fees usually arrangement may even effect ruse reimbursement investigatory services rendered union state affairs degrades profession proselytes approved attorneys certain required attitudes contravenes accepted ethics profession statutory judicial rules acceptable conduct excuses practice policy ground union membership needs corps attorneys experienced personal injury litigation ordinary lawyers either competent try lawsuits able experienced railroad counsel willing settle case quick dollar serious indictment profession cases passed numbering past years dare say counsel railroad employee exhibited advocacy inferior opponent although remember one approved attorneys appeared cases indeed railroad employee prevailed practically cases recoveries ranged high see gallick baltimore ohio transcript record facts rationale stand even policy ground approving patent violation cardinal ethics profession flagrant disobedience law depends upon naacp button support position vital fact claimed privilege form political expression secure action constitutionally protected civil rights personal injury litigation form political expression rather procedure settlement damage claims guaranteed civil right involved question involves solely regulation profession power long recognized belonging peculiarly state button well ancestry cited majority footnotes apposite finally substantive evil result activity permitted button past history union indicates contrary legal aid department department legal counsel set admitted purposes advising members relative rights respecting claims damages assisting negotiating settlements department complete reporting service major injuries deaths suffered members regional investigators reports referred approved regional counsel many remain today cases channeled prosecution split fees union even significance trial case found defendant brotherhood still adheres pattern design plan formulated implemented union admits operate manner says reformed operation record shows identical union plan several courts union repeatedly promised reform consistently renewed practices even union sincerely reformed doubt plan proposes follow subject deficiencies includes approval regional attorneys president union also power discharge pleasure solicitation injured members local officials brotherhood urge employment approved counsel furnishing name approved counsel injured brother attorney approved brotherhood furnishing names addresses injured members approved attorneys furnishing investigative services approved attorney cost indicated comes fees received latter finally tooting approved attorneys union literature meetings read decree approved state prohibiting union members recommending attorney brothers union virginia sought halt gross abuses channeling soliciting litigation going years potential evil union system enormous view bring disrepute legal profession system must also work disadvantage brotherhood members directing claims hands approved attorneys subject control one man president union finally encourage departures high standards set canons ethics well state regulatory procedures green light groups years attempted engage similar practices chicago bar assn chicago motor club rhode island bar assn automobile service cf semler oregon state board dental examiners williamson lee optical oklahoma context naacp objectives litigation technique resolving private differences means achieving lawful objectives equality treatment government federal state local members negro community country thus form political expression naacp button supra petition committee rule cleveland bar ohio abs brotherhood railroad trainmen supp young gulf mo reynolds gulf texas pac north carolina ex rel mclean hice superior county buncombe