President's Perspective
Multidisciplinary Practice: Where Do You Stand?
By Leonard L. Loeb
The future of multidisciplinary practice (MDP) was heavily debated at
the ABA summer meeting in Atlanta. The message was clear: The entrance
of nonlawyers into the field of law is upon us. The State Bar of
Wisconsin and the American Bar Association are painfully aware of the
movement.
Multidisciplinary practice by definition is a partnership of lawyers
and practitioners of other disciplines who work together to solve client
problems. Such associations are allowed in Canada, Australia, and some
European countries. In the United States, however, rules of professional
conduct prohibit lawyers from sharing fees with nonlawyers; and states'
rules on the unauthorized practice of law make such arrangements
illegal. Still, market forces are challenging current practice.
Where do we lawyers stand on the issue? All over. Supporters claim
that MDPs would allow attorneys and other disciplines to offer
comprehensive services under one roof to meet client needs. In addition,
attorneys could work with a team of disciplines to efficiently solve
problems. Moving to a new set of rules regarding MDPs may open up new
financial rewards for our profession. Opponents claim that nonlawyer
participation in offering legal services would subject clients to
conflicts of interest and would affect a lawyer's professional judgment.
Furthermore, opponents contend that MDPs will result in control from
nonlawyers.
Would it be better to create a set of rules to govern MDP behavior?
Or, are we opening the floodgates for invasion of unqualified
individuals into the practice of law by promulgating such rules?
The ABA House of
Delegates voted in August against a change in professional ethics
rules to allow lawyers to provide legal services in MDPs. The House in
effect voted against the ABA commission recommendation to allow lawyers
to form MDP practices and said that the issue needs further study.
The State Bar of Wisconsin, through your president, has established a
Commission on Multidisciplinary Practice. Board of Governors member Tom
Shriner will chair the commission, which will study the issue and
develop a recommendation to be presented to the Board, hopefully by next
summer. In that time, it will gather input from the Bar's diverse
membership and others.
Your thoughts are vital. The commission will keep you informed and
seek your input along the way. In addition, if you are interested in
serving on this commission, contact me by email or by fax at (414)
272-7918.
Wisconsin
Lawyer
