What is a multidisciplinary practice?
In its true form, a multidisciplinary practice (MDP) is a partnership
owned by lawyers and nonlawyer professionals from other disciplines who
work together to solve client problems. Some argue that if lawyers
participate with nonlawyers in MDPs, the economic pressures and business
realities will make it impossible to assure client loyalty, preserve
client confidences, and enforce the other Rules of Professional Conduct.
If the practice of law by nonlawyers is the crux of the matter, as some
opponents contend, states should strengthen and enforce their
unauthorized practice of law (UPL) statutes.
Others contend that MDPs support the way consumers like to solve
problems in today's world - by bringing together teams of professionals
from multiple disciplines to meet client demand for integrated services.
MDPs already exist - with thousands of lawyers working for CPA,
consulting, real estate, financial planning, and other organizations. If
we don't find a way to include these practitioners within the
professional rules, proponents say, there will be no control over legal
services.
Have the American and Wisconsin Bars Studied
MDPs?
In 1998, the ABA created a Commission on Multidisciplinary Practice
to study the growing encroachment of nonlawyers into the practice of law
and to determine whether lawyers can participate in these entities. The
ABA Commission determined that MDPs already exist and made
recommendations for changes to the Rules of Professional Conduct that
would permit lawyers to practice within such entities but still preserve
the core values and ethical mandates of the profession. In addition, the
ABA Taxation and General Practice, Solo and Small Firm sections formally
endorsed the MDP concept.
The issues were hotly debated for several years. Most state and local
bar associations, including Wisconsin, studied and reported on the
issues. Ultimately, in July 2000, the ABA House of Delegates passed
strongly anti-MDP Resolution 10F. Among its results, the resolution
urges individual states to study and recommend positions on MDP, thus
taking the ABA out of the MDP study process for the time being. Most
states are continuing to debate the issue and are proposing various
solutions to the problems facing the profession.
The Wisconsin MDP Study Committee prepared a comprehensive analysis
of the issues but did not take a position either pro or con. The
Wisconsin Bar leadership has promoted a broad-based effort to continue
to educate the members on the issues, gather member feedback through a
variety of means, including roundtable discussions and convention
programs, and promote an informed discussion of the options.
Where Can I Find More Information About MDPs?
WisBar, the State Bar's Internet site, contains a content area
devoted to MDPs. Simply go to www.wisbar.org/mdp.
There you'll find direct links to State Bar materials, including the
July 2000 MDP Committee report and the resolution pending before the
Board of Governors. You'll also find links to the ABA Commission on MDP
Final Report and Web site, and other bar association MDP committees and
reports.
WisBar also contains a content area devoted to "Seize
the Future," a series of events focusing member attention on the
sweeping changes encompassing the legal profession. This page provides
links to the "Seize
the Future" Conference summary and resolution, Wisconsin Lawyer
columns, Board of Governors policy discussions, and upcoming
programs.
What About the Board's Pending Vote on the
Resolution?
On Friday, May 4, State Bar President Gary Bakke will host the "Seize
the Future" Presidential Showcase Program during the Annual Convention
in Lake Geneva. As a follow-up to the December "Seize the Future"
Conference, the program's speakers and panelists will raise awareness
about the critical issues facing the profession, as well as discuss
solutions.
At its May 5 meeting, immediately following the State Bar Annual
Convention, the Board of Governors will vote on the Executive
Committee's "Seize the Future" Resolution, one issue of which pertains
to MDPs, and reads:
"BE IT RESOLVED that the Board of Governors of the State Bar of
Wisconsin, on behalf of its members, adopt the following policies for
improvement of the delivery of legal services:
"1. Multidisciplinary practice. Supports
multidisciplinary practice by attorneys and other professionals with the
ability of sharing of fees for such services, management and supervision
of attorneys, other professional or lay managers, by entities, which may
be owned by attorneys, other professionals, investors or any combination
of the same."
The Bar has solicited member input on the resolution in the form of
13 roundtable discussions scheduled statewide through April 24 and
through written comment. There is still time to be heard. Comments
received by April 18 will be included in the board materials for the May
5 meeting. Send written comments to: George Brown, State Bar of
Wisconsin, P.O. Box 7158, Madison, WI 53707-7158; or contact your district
governor.
- Karlé Lester
Wisconsin
Lawyer
