Society primed to launch fresh battle over MDPs PARTNERSHIPS: Napier backs move on legal practice plusThe Law Society is to lobby the Lord Chancellors Department to push for the approval of multi-disciplinary partnerships (MDPs) although that would mean using secondary...The Law Society is to lobby the Lord Chancellors Department to push for the approval of multi-disciplinary partnerships (MDPs) although that would mean using secondary legis-lation, following legal confirmation that the Societys existing powers are inadequate to introduce them.

The Society had sought advice on the legal practice plus (LPP) model, under which non-solicitors joining firms as partners would enter contracts with the Law Society, agreeing to be bound by its professional rules.

Barristers David Pannick QC and Ben Jaffey advised the Society that it would be unwise to proceed with introducing the LPP model under its current regulatory regime, because of a substantial risk that the Societys charter powers would be inadequate for the purpose.A report from the Law Societys MDP working party sets out three options for implementing MDPs which it has discussed with counsel.First, it proposed allowing solicitors to work with other professionals if the Society was satisfied those professions are themselves properly regulated.

This was rejected because it means practice managers could not be partners for the approval of one of the chief aims of the proposals.The second option was to ensure that solicitors joining non-legal practitioners should be bound contractually to be responsible for policing the conduct of the non-legal personnel.

This was rejected because there are grave doubts about this working where there are senior or specialist non-legal practitioners in an MDP.

The working partys preference is to do everything possible to achieve the necessary statutory changes via the mechanisms to be set up by the Regulatory Reform Bill currently going through Parliament.

And the working party report also proposes that the rule against fee-sharing should be deregulated to permit linked partnerships.

Law Society president Michael Napier said: We are disappointed but not disheartened...

The Society will enter discussions with the OFT and the Lord Chancellors Department with the aim of achieving the necessary legislative change to underpin LPP.Jeremy Fleming