Vol. 12, No. 1, Pg. 38. Authorizing Multidisciplinary Practice.

AuthorBy Robert S. Wells

South Carolina Lawyer

2000.

Vol. 12, No. 1, Pg. 38.

Authorizing Multidisciplinary Practice

38AUTHORIZING MULTIDISCIPLINARY PRACTICEBy Robert S. WellsA multidisciplinary practice (MDP) is defined as "a partnership, professional corporation, or other association or entity that includes lawyers and nonlawyers and has as one, but not all, of its purposes the delivery of legal services to a client(s) other than the MDP itself or that holds itself out to the public as providing nonlegal, as well as legal, services."

In other words, an MDP would allow lawyers and nonlawyers to go into business together, to the point of allowing lawyers to practice law in firms under the financial control of nonlawyers and to share legal fees with nonlawyers.

The objectives of the Task Force included retaining public protections sought by the Rules of Professional Conduct, ensuring that the legal profession will be a participant in a changing world, recognizing that how persons and entities seek assistance is changing and acknowledging that what constitutes the practice of law is in flux.

The Task Force recommended that the South Carolina Bar adopt the concept of an MDP to the extent reflected in the report. A recommendation would be made to the Supreme Court that:

1. The Rules of Professional Conduct be modified to permit an MDP to the extent defined in the report. As noted in the proposed amendments to the Rules, any MDP which is not controlled by lawyers would have additional requirements concerning notice to clients that the attorney-client privilege would not be present by virtue of the lack of the control.

  1. A licensed attorney not be allowed to enter into an MDP to provide legal services which

    40 include civil and criminal litigation, or appearance on behalf of a client, in any state court.

  2. A licensed attorney be allowed to enter into an MDP practice to provide legal services which include civil and criminal litigation, or appearance on behalf of a client, in any federal court only if the federal forum has licensed all nonlawyer principals in the practice.

  3. A licensed attorney be allowed to enter into a MDP practice to provide advisory, consulting, planning and transactional legal services either by being in a professional association, or other type of entity, with members of a specific list of licensed and regulated professions or by...

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