Multi-Disciplinary Practices and Partnerships Lawyers, Consultants & Clients.

ALM Media, LLC, January 2011, Pages: 400

More firms worldwide are offering services in multiple disciplines—law, accounting and consulting—than ever before. Multidisciplinary Practices and Partnerships: Lawyers, Consultants & Clients helps you understand and benefit from this controversial and growing global trend—without violating ABA rules.

This book explains the various types of MDPs, where they are permitted, and the advantages and disadvantages of each. You'll find in-depth coverage of ABA and CPA rules on professional independence, conflicts of interest, confidentiality, and other critical issues. The author, a pioneer in the field, shows how mergers, branch offices, alliances, networks and other methods are being used to create large, international, multidisciplinary firms. You'll come away with a complete understanding of the key issues in the debate, how they are likely to be resolved by the U.S. and non-U.S. bars, and how to prepare accordingly.

Chapter 1
Why Is This Happening Now?
- 1.01 Professional Confrontation-Overview
- 1.02 What is a Multidisciplinary Practice?
[1] The Issue
[2] Analysis
- 1.03 The Economic, Social and Technological Environment-Why Now?
[1] Globalization
[2] Core Competency Convergence
[3] Technology
- 1.04 Social, Political and Historic Interests
[1] Public/Clients
[2] Governmental Interests
[3] Interests of Licensed Professionals and Their Associations
[4] Non-Licensed Professionals
- 1.05 Historic Developments in Law and Accounting
[1] Legal and Consulting Services-A Short History
[2] Auditing/Accounting/Consulting Services
- 1.06 Principals, Regulation, Rules and Enforcement
[1] Legal Profession/ABA Rules
[2] -CPA Rules
- 1.07 The Debate
[1] Collision
[2] What Is the Accounting Profession's Position?
[3] Pragmatics
- 1.08 Summary

Chapter 2
The Work of the ABA Commission on Multidisciplinary Practice
- 2.01 Introduction
- 2.02 A Brief History of the ABA MDP Commission
- 2.03 The Commission's MDP Models
- 2.04 Details About the Commission's June 1999 Recommendations
- 2.05 Criticisms of the Commission's Work
- 2.06 State Action in the Wake of the ABA Commission

Chapter 3
The International Bar Association Perspective
- 3.01 Overview
- 3.02 The History
- 3.03 Development of the IBA's Position
- 3.04 The Vancouver Resolution
- 3.05 MDPs and Foreign Legal Practitioners
- 3.06 MDPs and the IBA after Vancouver

Chapter 4
The Multidisciplinary Practice of Law in Europe
- 4.01 The Legal Profession in Europe
[1] Diversity
[2] The Elements of Professionalism in Europe
- 4.02 MDPs
[1] The Concept
[2] MDPs and the Core Values of the Legal Profession
- 4.03 The MDP Experience in Europe
[1] The "Professional Services Organizations"
[2] The European Commission
[3] The Attitude of the Bars
- 4.04 The Practice in the Different European Member States
[1] Belgium
[2] Denmark
[3] Finland
[4] France
[5] Germany
[6] Portugal
[7] Spain
[8] England and Wales
[9] Italy
[10] Sweden
[11] Switzerland
[12] The Netherlands
[13] The Establishment Directive
[14] The Accounting Rules
- 4.05 A General Consideration
- 4.06 Conclusion
- 4.07 Bibliography on MDPs in Europe

Chapter 5
The WTO General Agreement on Trade in Services (GATS): The Liberalization of Legal Services and the Issue of Multidisciplinary Partnerships
- 5.01 Introduction
- 5.02 The General Agreement on Trade in Services
[1] Background
[2] The GATS and Regulation
[3] GATS Overview
[4] Quantitative and Discriminatory Measures
[5] Negotiation of Specific Commitments
[6] Domestic Regulation
- 5.03 Trade Restrictions in Legal Services: The GATS Treatment of MDPs
[1] Market Access Barriers
[2] National Treatment Barriers
[3] MDPs and Domestic Regulation
- 5.04 MDPs: Public Interests vs. Economic Freedom
[1] Public Interests
[2] Specific Policies
[3] The Future of MDPs
- 5.05 Legal Services in the Uruguay Round and Recent WTO Accessions
[1] Market Access
[2] National Treatment
[3] Domestic Regulation
- 5.06 Legal Services in the New Round
- 5.07 Conclusions

Chapter 6
A Few Lessons From the Accounting Profession
- 6.01 Introduction
- 6.02 Response to Marketplace Changes
[1] Consumer Demand for New Kinds of Service Providers
[2] The CPA Vision Project
[3] CPAs Embrace the MDP Concept
- 6.03 The Legal Profession's Response to a Transformed Marketplace
[1] The ABA's Prohibition
[2] The ABA's Justifictation
[3] A Renewed Focus on Unauthorized Practice Restrictions
- 6.04 A Few Lessons from the Accounting Profession's Experience

Chapter 7
Big Five Law Practice
- 7.01 Introduction
- 7.02 Motivation for Multidisciplinary Practice Approach
- 7.03 Consulting Services Divestiture
[1] SEC Rulings
[2] Reaction of Big Five
[3] Enron and Its Impact
- 7.04 SEC Restrictions on Legal Services
- 7.05 MDP Restrictions and the Big Five
- 7.06 Growing Legal Practices Around Regulatory Obstacles
- 7.07 Questionable Climate for Continued Big Five Advance

Chapter 8
Law Firm Diversification
- 8.02 What Is Permitted Under Existing Rules?
- 8.03 What Are the Benefits of Diversification?
[1] Benefits of Diversification for the Firm
[2] Benefits of Diversification for Clients
- 8.04 How to Establish and Manage an Ancillary Business
- 8.05 What Is the Future of Diversification?

Chapter 9
Dancing Among Giants: Smaller Firms in the MDP Age
- 9.01 Introduction
- 9.02 Competitive Vulnerabilities of Smaller Firms
[1] Market Forces
[2] The "Full-Service" Small or Midsize Firm
[3] The "Single Market" Firm
- 9.03 Inherent Strengths of Smaller Law Firms
[1] Superior Knowledge of the Client's Business
[2] Better Managed-Because They Have To Be
[3] Self-Knowledge
[4] Agility
- 9.04 Competitive Advantages of the Big Five
[1] Institutional Client Base
[2] Sophisticated Marketing
[3] Investment Mentality
[4] Leverage
[5] Brand Names
[6] Innovative Technology
[7] Well-Resourced Research and Development
[8] International Capabilities
- 9.05 Six Strategies for Smaller Firms
[1] Strategy #1: Know the Client's Business
[2] Strategy #2: Pay Attention to the Bottom Line
[3] Strategy #3: Everyone Markets
[4] Strategy #4: Invest in People
[5] Strategy #5: Think Strategically and Creatively
[6] Strategy #6: Manage Change
- 9.06 Listen to the Music or Dance?

Chapter 10
Of Brain Surgeons and Barber Shops: The Economic Consequences of MDPs on the Legal Profession
- 10.01 Introduction
- 10.02 Considering MDPs in Context
- 10.03 Recruiting
- 10.04 Tax Practice
- 10.05 Competition and the Practice of Business and Legal Advice
- 10.06 Competition on Internationalness
- 10.07 Competition on Lifestyle
- 10.08 Concluding Remarks

Chapter 11
What's in MDPs for the Public?-The Consumer's Viewpoint
- 11.01 Introduction
- 11.02 Consumer Advocate Positions Regarding MDPs
- 11.03 Consumer Needs
- 11.04 Consumer Choice
- 11.05 Consumer Choice-Potential Problems
- 11.06 Expanded Access From Expanded Choice
- 11.07 Enhanced Convenience
- 11.08 Conclusion

Chapter 12
The Corporate Client's Perspective: Legal Services for Clients Who Do Business in the 21st Century
- 12.01 Introduction
- 12.02 Times Have Changed, and the Profession Must Change to Meet New Challenges
[1] Clients Control Their Choice of Service Providers
[2] Why Clients Want to Hire MDPs AND "Traditional" Lawyers
- 12.03 Multidisciplinary Problems Require Multidisciplinary Solutions
[1] MDP is Okay for Poor Folks; It's Just Unethical When There's Money Involved?
[2] Clients Who Pay For Services Should be Able to Receive Integrated Advice and Solutions
[3] When is the Problem "Legal" and When is it "Business"?
[4] The Myth of "One Stop Shopping"
[5] Competition is Actually Good for the Profession; We Know it's Good for Clients
- 12.04 Legitimate Concerns About MDPs Can be Addressed Successfully and Relatively Simply
- 12.05 Conclusion

Chapter 13
The Incompatibility of Multidisciplinary Practices and Lawyers as Officers of the Court
- 13.01 Introduction
- 13.02 The Legal Profession's Role as a Critical Part of the Justice System
- 13.03 The Multidisciplinary Practice
- 13.04 The Problem
- 13.05 Reform of the Legal Profession as the Right Response to the MDP Debate
- 13.06 The Solution

Chapter 14
Multidisciplinary Organizations (MDOs)-The Competitive Alternative
- 14.01 Overview
- 14.02 Multidisciplinary Organizations and Professional Services
[1] Globalization and Localization
[2] Core Competencies and Quality
[3] Cost Effectiveness Through Technology
- 14.03 MDOs-Client Relationships and Choices
- 14.04 Multidisciplinary Organization Models
[1] Independent MDO (I-MDO)
[2] Relationship MDO (R-MDO)
- 14.05 Rules and Enforcement-Interests of the Parties
[1] Unauthorized Practice of Law by an Association
[2] Multi-Jurisdictional Practice-Unauthorized Practice by Lawyers
[3] Referral Fees
[4] Advertising Marketing Directories-Organization and Lawyers
[5] Other Issues
- 14.06 Competitive Implications
- 14.07 Summary

Chapter 15
Making MDPs Happen-A Look Into the Crystal Ball
- 15.01 Introduction
- 15.02 Action in the States
- 15.03 Action Outside the United States (and Why Foreign Developments Are Significant)
- 15.04 The Three Models of MDPs-and Why They Will Succeed
[1] One-Stop Shops
[2] "Boutique" Professional Service Providers
[3] The Internet Professional Service Provider

Appendix 1 The Vancouver Resolution
Appendix 2 Foreign Legal Consultants
Appendix 3 Amsterdam Addendum
Appendix 4 Istanbul Resolution

Index

Stephen J. McGarry

Founder of World Services Group (WSG), a global multidisciplinary organization of leading independent service providers, and Lex Mundi, the world's largest law firm association, has an MBA, JD and LLM and is admitted to practice in Texas, Louisiana and Minnesota.

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