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11 Prof. Law. 1 (1999-2000)

handle is hein.journals/proflw11 and id is 1 raw text is: A • •III I II •lA I theS S 6 S *S 5 6 .* ~ S ...............................................................................U...............................................nSINLWE t;ommission on Iultiaisciplinary rractice Updated Background and Informational Report and Request for Comments Introduction In August 1999, the Commission on Multidisciplinary Practice (Commission) recom- mended that the Model Rules of Professional Conduct be amended, subject to certain restric- tions, to permit a lawyer to partner with a non- lawyer even if the activities of the enterprise con- sisted of the practice of law and to share legal fees with a nonlawyer.1 After conducting more than sixty hours of public hearings, listening to the tes- timony of fifty-six witnesses, and receiving written comments from interested individuals and organi- zations, the Commission concluded that such a change was in the best interest of the public, would expand the availability of legal services, and would facilitate the development of a new business struc- ture enabling lawyers to reconfigure their practices to assist clients in resolving multidisciplinary problems. However, in recognition of the differ- ences between the legal profession and other pro- fessions and so to ensure that the core values of the legal profession, which exist for the protection of the public, were adequately safeguarded, the Commission recommended the adoption of a certi- fication-and-audit regulatory regime. See Commission on Multidisciplinary Practice, Report to the House of Delegates, (http:www.abanet.org/ cpr/mdprecommendation.htlm) The Commission presented its Recommendation to the House for debate on August 10, but in recog- nition of the many requests by state and local bar associations for more time to consider the issues, moved to defer the vote. The House subsequently voted to substitute and adopt a resolution of The Florida Bar that reads as follows: Resolved, that the American Bar Association make no change, addition or amendment to the Model Rules of Professional Conduct which permits a lawyer to offer legal services through a mul- tidisciplinary practice unless and until addi- tional study demonstrates that such changes will further the public interest without sacri- ficing or compromising lawyer indepen- dence and the legal profession's tradition of loyalty to clients. Exchanges on the floor of the House in con- nection with the Resolution made it clear that the Commission could continue to study issues relat- ed to MDPs and report back to the House when it determined such action was appropriate. In response to the concerns expressed in the Resolution, Commission members have made themselves available to discuss the issues raised by the Commission's Report and receive com- ments directed toward possible changes to the Commission's position. In particular, Commission members have endeavored to work with state and local bar associations in advancing the discus- sion.2 The Commission has invited state and local bar associations that have been studying the issues to participate in an open discussion at the ABA Midyear Meeting in Dallas on Saturday, February 12. In addition, ABA President William Paul has announced a town hall meeting on multidiscipli- nary practice in Dallas on Sunday, February 13. The Commission is issuing this Updated Background and Informational Report in order to (1) provide an overview of pertinent develop- ments that have occurred since the August 10 vote; (2) summarize and reply to the comments and criticisms that have been made in response to the Commission's Recommendation and Report; and (3) encourage further dialog. Part I of this Report describes the pertinent developments both in the United States and abroad since August 10. Part II identifies the major criticisms directed to Continued on page 4 Fall 1999 Volume 11 Issue Number 1

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