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Multi-Disciplinary
Partnerships
What do your colleagues think? MDP
Poll - Results
Law is both a profession and a business. As new forces drive globalization,
the Big Five have begun to expand their consulting practice to all
forms of legal practice. The repercussions to the practice of law will
be as profound as the establishment of HMO's in the medical profession.
Like medicine, the different objectives of the organizations can
have a pronounced effect on the clients and patients. No one disputes
that the issues and implications must be understood, if quality and
professionalism are to be maintained. The purpose of these pages and
of the treatise MDPs: Attorneys, Accountants and Clients, seeks
to provide an overview of this complex issue.
| THE
LEGAL PROFESSION CONFRONTS THE ISSUES |
UNITED STATES
American Bar Association
Last Word - July
7, 2000 ABA Delegates Rejects Commissions Recommendation
STATES
State Bar Association
Multidisciplinary Practice Committees
Activity Summary
States Bar Association MDP Committees and Reports
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
International
Articles from the ABA Commissions Bibliography
International Bar Association
Union Internationale
des Avocats
AUSTRALIA
Geoff
Provis, Law Council of Australia Professional
Regulation Task Force, Report to President by Professional
Regulation Task Force May 1997, Law Society Online.
Legal
Profession Advisory Council, Legal Profession Advisory Council
Reports: Multidisciplinary Partnerships, Lawlink NSW.
Law Council of Australia
CANADA
Simon Potter (Member, Canadian Bar Association International Practice
of Law Committee) (Oral
Testimony)
Ernst
& Young set to shake up law in Canada,
International Financial Law Review (visited August 28, 1998)
Report of the Canadian Bar Association
Report of Canadian Bar Association-Ontario Committee on Multidisciplinary
Practices and the Legal Profession
Report
of the Federation of Law Societies of Canada
Law
Society of Upper Canada Task Force on Multidisciplinary Partnerships
Rob Collins (Law Society of Upper Canada) (Testimony)
EUROPE
Elisabet Fura-Sandström,
President, Swedish Bar Association
Ramon
Mullerat, Former President, Council of the Bars and Law Societies
of the European Community (CCBE)
Jon Stokholm,
President of the Danish Bar and Law Society
Council of the Bars and Law Societies of the European Union
Michel Gout (CCBE) (Testimony)
FRANCE
Bâtonnier Henri Ader, Ordre des Avocats à la Cour de Paris (Written
Remarks) (Oral Testimony)
Gerard Mazet (President of the International Commission of the French
National Bar Council (Oral
Testimony)
GERMANY
Dr. Hans-Jürgen
Hellwig of Germany, Vice-President of the German Bar Association
Dr. Hans-Jürgen Hellwig (Vice-President, Deutscher Anvaltverein)
(Written Remarks)
(Oral Remarks)
Thomas O. Verhoeven (Oppenhoff & Radler) (Testimony)
NEW ZEALAND
UK
Alison Crawley (Law
Society of England and Wales) (Written
Remarks) (Testimony)
Consultation
Paper October 1998
Dan Brennan QC, Chairman, General Council of the Bar of England and
Wales
Report by the Multi-Disciplinary Practices Working Party of the Law
Society of Scotland on Multi-Disciplinary Practices in Scotland
Multi-Disciplinary
Practices: Proposals for the way forward - 13th October 1999 - A
preliminary report for debate
ATTORNEY RULES ABA
Ethics Resources
INDEPENDENCE
Colorado Rules
Rule
5.4 Professional Independence of a Lawyer Amendments
Rule
5.5 Unauthorized Practice of Law
California Rule
1-300. Unauthorized Practice of Law
Acceptance
of Referrals From Non-Attorney
Firms
A SUFFOLK County Bar Association opinion holds that acceptance
by attorneys of referrals from one attorney real property tax reduction
firms is unethical.
CONFLICTS (When do auditing and legal services collide?)
Colorado Rules
Rule
1.7 Conflict of Interest General rule Colorado
Amendments
Rule
1.8 Conflict of Interest Prohibited Transactions
Rule
1.9 Conflict of Interest Former Client
Rule
1.10 Imputed Disqualification General Rule
California Rule
3-300. Avoiding Interests Adverse to a Client
CONFIDENTIALITY (Do clients loose their privileges?)
Colorado Rules
Rule
1.6 Confidentiality of Information
California Rule
1-310.Forming a Partnership With a Non-Lawyer
California Rule
1-320.Financial Arrangements With Non-Lawyers
UNAUTHORIZED PRACTICE OF LAW AND OTHER STATUTORY REGULATIONS
UPL - Police
Power Regulation - The SEC
CERTIFIED PUBLIC ACCOUNTANT RULES
AICPA Ethics
Team
AICPA Code of
Professional Conduct
Section 50 -
Principles of Professional Conduct
Introduction
Section 50
- Principles of Professional Conduct
Section 90
- Rules Applicability and Definitions
Section 100
- Independence Integrity and Objectivity
Section 200
- General Standards Accounting Principles
Section 300
- Responsibilities to Clients
Section 400
- Responsibilities to Colleagues
Section 500
- Other Responsibilities and Practices
ET Appendixes
ET Topical
Index
UNITED STATES
There is no case law on MDPs. There are a number of cases on the
unauthorized practice of law. At present no MDP has had a case brought
against it, since they assert that they do not practice law but practice
tax.
NETHERLANDS
Arthur Andersen v. Dutch Bar Association
EUROPEAN UNION
Free movement of the professions
| ACCOUNTING
PROFESSION RESPONDS |
Richard Miller (General
Counsel, AICPA) (Oral
Remarks)
American Institute of Certified Public Accountants (AICPA
American Association of Attorney-Certified Accountants, (Written
Report), (Summary)
The National Conference
of Lawyers and Certified Public Accountants
Roger Page (Deloitte & Touche)(Written
Remarks) (Oral Remarks)
Samuel DiPiazza (PricewaterhouseCoopers)(Written
Remarks) (Oral
Remarks)
Irwin Treiger and William J. Lipton (Co-Chairs, National Conference
of Lawyers and Certified Public Accountants) (Written
Remarks) (Oral Remarks)
Harold Levinson (Amer. Assn.of Attorney-Certified Public Accountants)
(Written Remarks)
(Additional Written
Remarks) (Testimony)
Stefan F. Tucker (Chair, ABA Section of Taxation) (Written
Remarks) (Oral Testimony)
Kathryn Oberly (Vice Chair and General Counsel, Ernst & Young)
(Written Remarks)
(Oral Testimony)
Neil Cochran (Dundas & Wilson C.S.) (Written
Remarks) (Oral
Remarks)
Gerard Nicolay (Pricewaterhouse Coopers) (Testimony)Sidney
Traum, David Ostrove and Philip D. Brent (American Association of Attorney-CPAs)
(Oral Testimony)
Lynn E. Turner,
Chief Accountant, United States Securities and Exchange Commission
Harvey J. Goldschmid,
General Counsel; Lynn E. Turner, Chief Accountant; Richard H. Walker,
Director of Enforcement; United States Securites and Exchange Commission
| THE
PUBLIC AND CLIENTS - THEIR THOUGHTS |
PUBLIC
William A. Bolger (Executive Director, National Resource
Center for Consumers of Legal Services)
(Oral Testimony)
Lora H. Weber (Consumers Alliance of the Southeast)(Written
Remarks) (Oral Remarks
Wayne Moore (Director, AARP) (Oral
Remarks)
James Turner (Executive Director, H.A.L.T.) (Written
Remarks) (Oral Testimony)
James L. Brown, Director,
Center for Consumer Affairs, University Center for Continuing Education,
University of Wisconsin-Milwaukee
Ted Debro, Board Chairman, Consumers for Affordable and Reliable
Services of Alabama
Consumer Representatives, The Consumer Alliance
Mark Phigler, President,
Americans for Competitive Telecommunications
Charles River Associates, Multi-Disciplinary Professional Practices:
A Consumer Welfare Perspective
CLIENTS
George Abbott,
Owner, Aras Enterprises
José Mª Martí, European
Financial Manager, NALCO ESPANOLA, S.A. and NALCO FRANCE, S.A.R.L
Benoît-Henri Koch, Chairman, Holderbank European Services
| ARTICLES
AND PAPERS ON-LINE |
ABA
Law Practice Management Section Multidisciplinary Practice Resource
Center
ABA Section of
Litigation Ad Hoc Committee on Multidisciplinary Practice
Accountants
encroach on lawyer practice turf
Ernst &
Young Will Finance Launch Of Law Firm in Special Arrangement
Corporate Use of
Assisted Negotiation Strategies
Case for
MDPs- Should Multidisciplinary Practices Be Banned or Embraced
Law Practice in
the 21st Century- Assisted Negotiation and Multidisciplinary Problem-Solving
Multidisciplinary
Practice- Strategic Response to Transformation of Global Business Reality
Corporate Use of
Assisted Negotiation Strategies- Expanding Your Practice Through Multidisciplinary
Problem-Solving
Multidisciplinary
Practice- It Is Time To Recognize It Is Here
The Accountants
Are Coming- A Practical Lawyer's Survival Kit
Multidisciplinary
Partnerships- Who's Afraid Of The Big Bad Wolf
Texas Association
of Defense Counsel
Ernst & Young
Will Finance Launch of Law Firm in Special Arrangement
"Unauthorized
Practice of Law and Multidisciplinary Practice"
| WORLD
TRADE ORGANIZATION (WTO) |
GATT & The World
Trade Organization (WTO) 1994
| MEDICAL
PROFESSION - HMO's Impact |
MEDICAL PROFESSION - HMO's Impact
Hospital Acquisition of Physician
Practices A New Area of Regulatory Concern
U.S. Anti-Referral Legislation Statute 42
USC Sec. 1395nn (011696)
Physician
Codes
The Pursuit of
Medical Professionalism
The HMO Page
MEDICAL
MALPRACTICE HMO Liability (NYLJ) 080597
THE BIG FIVE
LAW FIRM ASSOCIATIONS, ALLIANCES
AND AFFILIATIONS
LAW FIRMS - 14,000 OF THE WORLD'S LARGEST FIRMS IN 180 JURISDICTIONS
North American
Latin American and Caribbean
European
Asian Pacific
African/Middle Eastern
BAR ASSOCIATION Concerned? - Write Your Representatives
North American - National
State Local
(E-mail All)
Latin American and Caribbean
European
Asian Pacific
African/Middle Eastern
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