US lawyers could take three years to decide on future of MDPs

It could take the American Bar Association (ABA) almost three years to formulate a precise position on multi-disciplinary partnerships (MDPs), the chairman of the ABA commission on the issue claimed this week.Speaking to the Gazette in the wake of his commission issuing its final report and recommendations, Sherwin Simmons said that, even if the report were approved by the ABA, it would still take another two years to formulate rule changes.

He is not recommending a vote on the report until February 2001 at the earliest, by which time he hopes that all the individual state Bars will have reached their own positions.The report backtracks on a report from last June, in favour of allowing MDPs, which was effectively thrown out by the ABA's ruling House of Delegates.

The latest report confirmed an earlier draft (see [2000] Gazette, 30 March, 6), saying MDPs should only be allowed if lawyers have 'the control and authority necessary to assure lawyer independence' and a single firm should not offer legal and auditing services to the same client.'The recommendation recognises the realities of a changing market place, opens up new avenues of service to clients, responds to the suggestions of consumer advocates and provides new opportunities for lawyers,' the report concluded.Many countries around the world are taking their lead from the US on MDPs and international opposition has strengthened over the past year as a result.

Neil Rose