MDP Commission makes progress on MDP, UPL, and ancillary business
practices
May 14, 2002
As of May 1, the Multidisciplinary Practice (MDP) Commission has
passed motions relating to MDP, unauthorized practice of law (UPL), and
ancillary business practices, which it intends to submit to the Board of
Governors at its September meeting for discussion.
The MDP Commission, created as a result of a May 2001 Board of
Governors resolution, is charged with determining whether Wisconsin
should authorize lawyers to practice law in firms with other
professionals and defining what constitutes UPL.
Report. The commission's reporter, Ralph Cagle,
drafted an interim
report, which includes the commission's recommendations and
comments, pro and con, on various components of the provisions. Members
can comment on the commission's work at the May 16 Assembly of Members
during the State Bar Annual Convention. Members also can give feedback
to mdpcommission@wisbar.org.
MDP. The commission proposes that the Rules of
Professional Conduct, SCR 20, be amended to (1) allow lawyers to
practice in MDP firms, if the firms are controlled by lawyers; (2) allow
lawyers in MDP firms to share legal fees with the nonlawyer
professionals; and (3) provide for other safeguards to protect
attorneys' core values while they practice in MDP firms.
UPL. The commission proposes that the current
statute regulating UPL, Wis. Stat. section 757.30, be amended to (1)
define the practice of law and UPL with specificity; (2) create a civil
cause of action, including injunctive relief, against those engaged in
UPL; and (3) authorize not only district attorneys but also attorneys
general to prosecute UPL.
Ancillary business practices. The commission
recommends that the Rules of Professional Conduct be clarified, allowing
lawyers to own ancillary businesses. A lawyer shall be subject to the
Rules of Professional Conduct with respect to law-related services of
the ancillary business, if the services are not distinct from the legal
services being provided, or if the lawyer fails to give adequate notice
that the services are not legal services. The proposal defines
law-related services, and sets forth criteria for determining proper
notice to the clients of contractual or business ownership
arrangements.
A vote on the proposals is expected to occur at the Board of
Governors' November meeting.
