California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - NOVEMBER 2000
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ETHICS BYTE

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When it comes to shielding: Holy screen!
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Diane KarpmanIs the daily grind of practice getting you down? Are you bored with trusts, toxic torts, IPOs and dissos? Well, take heart. There are many who want you and your ticket. In our new era, this is called multidisiplinary practice. MDP envisions several different professions providing “one-stop shopping” for clients, involving lawyers coordinating with lobbyists, financial advisors, tax consultants, etc., to efficiently provide integrated services and prevent clients from being “ping-ponged.”

Lawyers are valuable commodities in today’s booming economy. Many entities would love to have dominion and control over your licenses, potentially impairing your exercise of independent judgment, a core value of our profession. Some maintain that the insurance industry is already encroaching on this independence by imposing strict litigation guidelines and by creating “captive law firms.” Carriers own entire firms, leading to claims against them of unauthorized practice of law. Ever notice how many people are going “in-house” lately? Gee, it seems that every corporation wants its very own private attorney living in the midst of its corporate headquarters.

The “Big Five” accounting firms’ desire to own lawyers seems to be thwarted by the SEC chairman, Arthur Levitt, recently proposing stricter oversight on auditors. Still, Andersen Legal already employs 3,000 lawyers in 35 countries and did $500 million of business in 1999. Many other firms have formed strategic partnerships with other professionals. Yet, in the national debate on multidisciplinary practice, led by the American Bar Association, the concept was soundly rejected in July.

Facially, MDPs may appear to be a new idea. In reality, this is an old principle that has occurred in small towns for decades. Traditionally, lawyers coordinated with doctors, small business, banks, etc., and the boundaries of service were simply not as clearly drawn.

Our clients deserve full services, not piece-meal advice and patchwork suggestions. They do not have time to fill in the blanks. The poor and almost poor need our assistance more than ever, which is why MDP is happening in legal aid centers throughout the state. It is a method of stretching the limited dollars allocated. Legal aid recipients need more than just legal advice to cure their problems. They need psychological help, medical care and assistance in dealing with the bureaucracy. Often, they can go forward in pro per if a little targeted assistance is provided.

The flip side of MDP is the unbundling of legal services so that clients can obtain only the specific segments of assistance they really need and you do not become their “lawyer for life.” Creation of MDPs, regardless of the model, will mandate adherence to all the core values of the profession. These ventures, either side by side, spinoffs or real MDPs, will require judicial affirmation of ethical screens to protect confidentiality.

We can maintain professionalism and also engage in new ventures or strategic partnerships. It’s up to us to sit down and work out the details, keeping in mind client protection and service to consumers. After all, California’s lawyers have always embraced change.