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

Wisconsin Lawyer