Tinder Box

"The Most Important Issue to Face the Legal Profession in the Last Century"

Let’s have a little quiz.

What is the answer to the following question of - Name the most important issue to face the legal profession in the last century?"

Civility - Wrong answer.

Professionalism - Wrong answer.

Tort Reform - Wrong answer.

Image of the Profession - Wrong answer.

Technology - Wrong answer.

Operation of Judicial System - Wrong answer.

Do you give up yet?

According to bar leaders and knowledgeable legal experts across the country, the most important issue to face the legal profession in the last century is MDP - Multi-Disciplinary Practice!

Multi-Disciplinary Practice is the concept of individuals from different professions working together, sharing cases, splitting fees and generally operating as one combined entity. Such businesses would consist of lawyers, accountants, insurance agents, real estate brokers, engineers and others being in the same office and coordinating their work activities.

MDP’s have been operating in Europe for quite some time and the large accounting firms are very desirous of importing similar operations into the United States. If you don’t believe that this situation is beginning to happen, here are a couple of facts for you:

1. Last year, the largest number of law school graduates in the country went to work for accounting firms - not law firms, not government agencies, not corporate counsel.

2. The office of the Ernst & Young accounting firm in Pittsburgh, Pennsylvania employs 65 lawyers.

3. Last fall, there was an article in the Wall Street Journal announcing that a new law firm was being set up in Washington, D.C. with the name of McKay, Miller, Ernst & Young and it was bankrolled by Ernst & Young accounting firm.

Last summer, the American Bar Association received a report from a special commission that had been reviewing and researching the issue of multi-disciplinary practice for approximately one year. The report included recommendations to make changes in the Rules of Professional Conduct that would have permitted lawyers to share cases and split fees with other professions.

The report, with its recommendations, created an uproar at the American Bar Association’s Annual Meeting in August. Action was taken to have the Special Commission do additional research and review with another report probably becoming available at the ABA Annual Meeting this coming July.

There are some lawyers who believe that multi-disciplinary practice is a good thing - it makes sense to have one stop shopping so that professional services can be bundled together - that the consumer wants all these services to be available together - that lawyering is just another service that is being sought by the general public.

There are other lawyers that believe that MDP strikes at the very core of what it means to be a lawyer - that lawyering is a profession and not just another business, - that there are major problems with client confidentiality, conflict of interest and other matters - that it would be the worst thing to ever happen to the practice of law.

Here in West Virginia, State Bar President Dan Ringer has appointed a special Commission to consider the topic of multi-disciplinary practice. The group is Chaired by State Bar Vice President John Tinney of Charleston and includes three members of the State Bar’s Board of Governors - John Bailey of Wheeling, Steve Davis of Summersville and Kermit Moore of Bluefield.

In addition, there are 3 accountants on the Commission - Tom Aman of Clarksburg, Paul Arbogast of Charleston and Jack Suttle of Charleston as well as a consulting engineer, Julia Morton of Charleston, a banker, Rick Adams of Parkersburg (who is also an attorney) and an insurance agent, Frank Baer of Charleston (who is also an attorney).

The Commission has met on at least 3 separate occasions since last summer and will be coming up with a report on what action should be considered here in our state. If any State Bar member wishes to provide input to that Commission, please do not hesitate to personally contact Vice President Tinney or send any material or suggestions to the State Bar office.

Incidentally, if you think that this is an issue that will affect other more populus states before coming to West Virginia, it is interesting to note that United National Bank has four lawyers in its Trust Department and the Ernst & Young accounting office in Charleston has lawyers on its staff.

If you are in the private practice of law or plan to be in the private practice of law during your legal career, you need to know about multi-disciplinary practice. It is an issue that you will have to deal with in this new millennium.