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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
Bar debates multidisciplinary practices
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