MDP Commission begins work

October 23, 2001

September 14 marked the inaugural meeting of the recently appointed Commission on Multidisciplinary Practice (MDP Commission), co-chaired by President-Elect Patricia Ballman and Past President Gary Bakke. The Commission - assembled as a result of a May 5 Board of Governors resolution calling for in-depth study of MDP - is charged with addressing, at a minimum, the following:

• consideration of the purposes for which the bar was created by the Supreme Court as stated in SCR 10.02(2),
• whether the legal profession can effectively prevent lawyer participation in MDPs by enforcement of the existing laws and SCRs, and whether it is appropriate to do so,
• coordination with other state bar associations on this issue
• whether there is a desire by the public to have the option to seek legal services from lawyers practicing in an MDP setting,
• whether it is in the public interest to have the option to seek legal services from lawyers practicing in an MDP setting,
• whether the core values of the profession can be preserved in an MDP setting,
• whether the Rules of Professional Conduct can be effectively enforced if SCR 20:5.4 (preventing a lawyer from sharing fees with a non lawyer) is modified, and
• whether the definition of the practice of law (Sec. 757.30 stats.) should be changed, whether the bar should actively promote enforcement of the unauthorized practice of law statute, and whether a civil statute should be proposed.

To focus the work of the Commission, six subcommittees were formed, one of which will address each of the following:

• Core values
• UPL (the unauthorized practice of law)
• Other states' positions
• Economic factors
• European and Canadian experiences, and
• Member and public opinion

A preliminary report and recommendations will be available for consideration by the Board of Governors at its January 2002 meeting, with publication in the Wisconsin Lawyer magazine scheduled for February. Members and the public will have the opportunity to comment on the preliminary report during a series of statewide public hearings between March 1 and April 15. In addition, an Assembly of Members will be convened during the State Bar's Annual Convention in May 2002. The final report and recommendations will be completed by June 30, 2002, for consideration by the Board at its September meeting.

Members of the Commission acknowledge and express their appreciation to the many State Bar sections, divisions, committees, and study groups-as well as individual members-who have already addressed issues surrounding MDP.

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