Phillips concerned over MDPs

The Master of the Rolls, Lord Phillips of Worth Matravers, last week hinted that he would not approve multi-disciplinary partnerships between solicitors and unregulated persons when it came to litigation.

Asked on his views on fee sharing during a session at the Law Societys council meeting, Lord Phillips said: One views with some concern any unregulated body of persons being involved in the conduct of litigation.

However, he stressed that this was only a provisional view.

It is thought that he was referring to claims assessors in part.

When pressed, Lord Phillips indicated that there was in principle a difference when it came to non-contentious work.Ed Nally, chairman of the Law Societys regulation review working party, who asked the question, said later: I think his remarks were telling.

In the pursuit of relaxation, it is important that we maintain proper ethical standards for the public.

Lord Phillips also welcomed moves to put an end to the practice of principals suing staff, saying he was glad to see it on the councils agenda.

Later, the council approved making the rule, which now goes to Lord Phillips for final approval.Mark Dillon, chairman of the Young Solicitors Group which has campaigned for the rule for many years said after the meeting: It is easy to be critical of the Law Society and the council, but this is good news.

Mr Dillon added that the rule would aid good management by encouraging firms to put good risk management procedures in place.

Meanwhile, Law Society Vice-President David McIntosh told council members that Chancery Lane would provide a robust response to the recent Office of Fair Trading proposals for the solicitors profession (see [2001] Gazette, 15 March, 1).

He announced that a working party would be chaired by Deputy Vice-President Carolyn Kirby with the aim of fighting corners on behalf of clients and in the public interest.

Mr McIntosh focused most of his rallying cry on three elements of the OFT report.

He said allowing lending institutions to provide conveyancing services could lead to serious conflicts of interest.

Likewise, suggestions in the report that legal privilege can distort competition were akin to asking lawyers to serve two masters.

And the recommendation that restrictions on cold calling be abolished would undermine the professions respectability and credibility, effectively turning solicitors into double-glazing salesmen.

The governments consultation paper based on the OFT report is expected in the late summer.

Mr McIntosh forecast that the Societys working party would respond in the autumn.Neil Rose and Jonathan Ames