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