The reason that England and Wales as well as Australia adopted PMBR is because their systems were changed to allow
for nonlawyer ownership.
In 1983 and again from 1999 to 2000, the ABA considered revising Model Rule 5.4 in order to allow
for nonlawyer ownership and multidisciplinary practices in some form, but in each case the House of Delegates declined to make any changes.
Not exact matches
Still, a draft proposal to modify the
nonlawyer ownership rule to be similar to the D.C. program was released
for public comment.
[2]
For this reason, some have argued, the door to
nonlawyer ownership should not be opened «even a crack.»
Having experienced it here in the UK, I think that they should see how other countries, like the UK, work because
nonlawyer ownership has worked
for my firm.
Save
for one exception, the District of Columbia is the only jurisdiction in the U.S. that under very limited circumstances actually permits
ownership or management of a law firm by
nonlawyers.
And allowing
for minority
nonlawyer ownership of law firms might be just a preliminary phase in ultimately allowing
for majority
nonlawyer ownership.
In sum, even though the Report mentions alternative structures only briefly, and expressly advocates
for only a limited form of them (minority
nonlawyer ownership) in a lukewarm manner, a close reading the Report suggests that its authors in fact enthusiastically support alternative structures.
It was easy
for us to set up their because of the similar regulatory regime that permits
nonlawyer ownership.
In this context, the Commission called
for comments on the «potential benefits and risks associated with ABS,» as well as «evidence or other input» on the relative advantages and disadvantages of different types of ABS (
for example, with limits on the percentage of
nonlawyer ownership and / or multidisciplinary practices).
In essence, the options were either (1) limited lawyer /
nonlawyer partnerships with a cap on
nonlawyer ownership and the
nonlawyers would be subject to a «fit to own» test, (2) lawyer /
nonlawyer partnerships with no cap on
nonlawyer ownership but the firm could provide legal services only (no multidisciplinary services) and the
nonlawyer partner (s) would be required to perform services
for the firm (they could not be passive investors; as discussed further below, this option was considered to be the «DC approach»), or (3) the same as Option (2) except the firm could offer multidisciplinary services.
At its meeting on April 12 - 13, 2012, [40] the [Commission] decided not to propose changes to the ABA policy prohibiting
nonlawyer ownership of law firms... The Commission considered the pros and cons, including thoughtful comments that the changes recommended in the [December 2, 2011 paper] were both too modest and too expansive, and concluded that the case had not been made
for proceeding with even a form of
nonlawyer ownership that is more limited than the D.C. model.
««Ethics 20/20 Commission Suspends Campaign to Draft a Proposal on
Nonlawyer Ownership of Law Firms» Main Harvard law student group singles out big firms
for their representations»
[3] However, D.C.'s rule is narrowly tailored to allow equity
ownership only by those
nonlawyer partners who actively assist the firm's lawyers in providing legal services, and does not allow
for the sale of
ownership shares to mere passive
nonlawyer investors.
Those issues relate to virtual law practice, choice of law problems associated with conflicts of interest and
nonlawyer ownership, and domestic practice authority
for inbound foreign lawyers.