"Thanks"

"MDP"
Apparently the ABA is not down with MDP. The ABA took up the issue of Multi-Disciplinary Practice on the second day of the session in New York on July 11, 2000. As you know, MDPs allow attorneys to practice with and split fees with non-attorneys. A number of states have recently allowed the practice and it was presumed that the ABA would follow. It did not happen. This is the resolution as it was amended and passed. It is a large step backward for proponents of MDP. Our representatives from West Virginia voted for the resolution as passed. This resolution is consistent with the Board of Governors position on the issue.
Report No. 10F

The recommendation was revised to read as follows:

RESOLVED, That the American Bar Association adopts the following statement of principles: each jurisdiction is urged to revise its law governing lawyers to implement the following principles and preserve the core values of the legal profession:

1. It is in the public interest to preserve the core values of the legal profession, among which are:

a. the lawyer's duty of undivided loyalty to the client;

b. The lawyer's duty competently to exercise independent legal judgment for the benefit of the client;

c. the lawyer's duty to hold client confidences inviolate; and

d. the lawyer's duty of avoiding to avoid conflicts of interest with the client; and

e. the lawyer's duty to help maintain a single profession of law with responsibilities as a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice; and

f. the lawyer's duty to promote access to justice.

2. All lawyers are members of one profession subject in each jurisdiction to the law governing lawyers.

3. The Model Rules of Professional Conduct and other forms of the law governing lawyers were adopted was developed to protect the public interest by preserving and to preserve the core values of the legal profession, and the core values of the legal profession that are essential to the proper functioning of the American judicial justice system.

4. State and territorial bar associations and other entities charged with attorney discipline should reaffirm their commitment to enforcing vigorously their respective law governing lawyers . {Position changed}

5. Each jurisdiction should reevaluate and refine to the extent necessary the definition of the "practice of law." {Position changed}

6. Jurisdictions should retain and enforce laws that generally bar the practice of law by entities other than law firms. {Position changed}

4.7. Multi-disciplinary practice in the form of permitting The sharing of legal fees with non-lawyers or permitting and the ownership and control of the practice of law by nonlawyers threatens are inconsistent with the core values of the legal profession.

5. The American Bar Association shall make no change to any of the Model Rules of Professional Conduct to permit lawyers to share legal fees with non-lawyers or to permit law firms directly or indirectly to transfer ownership or control to nonlawyers over entities practicing law.

8. The law governing lawyers, that prohibits lawyers from sharing legal fees with nonlawyers and from directly or indirectly transferring to nonlawyers ownership or control over entities practicing law, should not be revised.

6. Lawyers should be permitted to enter into interprofessional contractual arrangements with nonlegal professionals and nonlegal professional service firms for the purpose of offering legal and other professional services to the public, either on an ad hoc or on a systematic and continuing basis, provided no nonlawyer has any ownership or investment interest in, or managerial or supervisory right, power of position in connection with, the practice of law by any lawyer or law firm.

FURTHER RESOLVED, That the Standing Committee on Ethics and Professional Responsibility of the American Bar Association shall, in consultation with state, local and territorial bar associations and interested ABA sections, divisions, and committees undertake a review of the Model Rules of Professional Conduct ("MRPC") and make recommendations shall recommend to the House of Delegates such amendments to the MRPC as are necessary to assure that there are safeguards in the MRPC relating to strategic alliances and other contractual relationships with nonlegal professional service providers consistent with the statement of principles in this Recommendation. regarding the safeguards in the Model Rules of Professional Conduct required for strategic alliances and other contractual relationships with nonlegal professional service providers to be consistent with the above statements of principles, which safeguards, at a minimum, shall include the following: No nonlawyer may have any ownership or investment interest in, or managerial or supervisory right, power or position in connection with, the practice of law by any lawyer or law firm when lawyers and law firms enter into interprofessional contractual arrangements with nonlegal professionals and nonlegal professional service firms for the purpose of offering legal and other professional services to the public, either on an ad hoc or on a systematic and continuing basis.

FURTHER RESOLVED, That the American Bar Association recommends that:

1. in jurisdictions that permit lawyers and law firms to own and operate nonlegal businesses, no nonlawyer or nonlegal entity involved in the provision of such services should own or control the practice of law by a lawyer or law firm or otherwise be permitted to direct or regulate the professional judgment of the lawyer or law firm in rendering legal services to any person.

2. State bar associations and other entities charged with attorney discipline should reaffirm their commitment to enforcing vigorously their respective law governing lawyers.

3. Jurisdictions should retain and enforce laws that generally bar the practice of law by corporations and voluntary associations.

4. Each jurisdiction should reevaluate and refine to the extent necessary the definition of the "practice of law."

FURTHER RESOLVED, That the Commission on Multidisciplinary Practice be discharged with the Association's gratitude for the Commission's hard work and with commendation for its efforts substantial contributions to the profession.

On a lighter note you may be glad to know that the Young Lawyers Division of the ABA elected to keep the name as is rather than change it to "New Lawyers Division." Believe it or not this complicated issue was debated for two hours before a vote. You should know that when I woke up, I voted against the name change. I take it as a compliment whenever I am referred to as young.

"THANKS"
I would like to take a few lines to express gratitude and appreciation for the work done by Whitney Glover Clagg, over the last several years on the Young Lawyers Committee. Whitney was the representative for District 2 encompassing Marshall, Pleasants, Tyler and Wetzel Counties. She was forced to resign from the Committee since she has moved and will be practicing in Wheeling, outside her district. Whitney was always willing to jump in on projects and most recently was on the committee putting together an update for the West Virginia handbook. She will be missed. Anyone practicing in this district who would be interested in filling this position please contact me.

"WELCOME"
The Committee welcomes Macel Rhodes representing Marion and Monongalia Counties and Jeff Rodgers representing Fayette, Greenbrier and Nicholas Counties.

"WY PRACTICE HANDBOOK"
The Young Lawyers Section is currently working on updating the Practice Handbook which we last published in 1996. Fortunately many past authors and new volunteers have taken on the task of either updating or rewriting the over thirty topics covered by the Handbook. We are currently getting in the revised chapters and hope to print the Handbook in the fall and have it available to the public in the early Winter. The Committee has been charged with updating the Handbook on a more routine basis. We will let you know how to place your orders.