Non -
lawyer ownership of firms.
Not exact matches
The Court also enacted new attorney Rules
of Professional Conduct in March 2015, which allows LLLTs to own a minority interest in law
firms with
lawyers, making Washington the first U.S. state to formally permit alternative business structures (ABSs), which is generally defined as non-lawyer investment and / or
ownership in law
firms.
Washington State is now the first state [1] to allow alternative business structures (ABSs), whereby non-
lawyers are authorized to share fees with
lawyers and have
ownership interests in law
firms via the recently approved Limited License Legal Technician (LLLT) Rules
of Professional Conduct (RPC).
About 650
lawyers worked for the
firm and
of these, 260 were «equity partners» who had an
ownership interest in the
firm.
It was created and provided to
lawyers and others (e.g., realtors) without requiring the
lawyers to sell
ownership of their
firms.
[2] In addition to expressly authorizing intra-
firm fee - sharing and business structures between LLLTs and
lawyers in paragraph (a), paragraph (b)
of the Rule sets forth limitations on the role
of LLLTs in jointly owned
firms, specifying that regardless
of an LLLT's
ownership interest in such a
firm, the business may not be structured in a way that permits LLLTs directly or indirectly to supervise
lawyers or to otherwise direct or regulate a
lawyer's independent professional judgment.
This video was taken
of my presentation,
Lawyers in Wonderland, or Why the ABA Should Undertake a Wholesale Reformation
of Model Lawyer Ethics Rules, and Specifically Rule 5.4, which Currently Prohibits Non-Lawyer
Ownership or Investment in Law
Firms, at ReInvent Law Laboratory's London Conference in June, 2014...
For law
firms, taking
ownership of an LEI policy also poses a risk, Robson says, noting that most clients will rely on their
lawyer to explain the details and consequences
of this type
of insurance.
It could be difficult to implement full
ownership of law
firms by non-
lawyers because the courts and legal system that is needed to implement those changes is made up
of lawyers, who don't see the need to change it currently.
Judges will never know how the conglomerate
ownership of law
firms has affected the independence
of the
lawyers who appear before them.
Forget solving the access to justice gap, this means allowing non-lawyer
ownership of, let's say, a law
firm practicing in the area
of legal malpractice could lead to the holy grail
of lawyering:
lawyers suing
lawyers suing
lawyers.
The system is so bad (and getting worse in fact) that while off - shore
ownership of personal injury
firms might hurt the
lawyers plaintiff
lawyer profits — their clients might hardly notice the difference.
«Given the cost
of opening a
firm and building a client base, I am sure there are many
lawyers who would be interested in hanging up their own shingle with the assistance
of an ABS structure — it doesn't have to be a behemoth shareholder to make this possibility a reality — it could be a collection
of individuals who have faith in the
lawyer and want some form
of security /
ownership / return for the risk they are taking by supporting the set - up and initial operating costs
of that
lawyer.
While this proposal might have been considered a breakthrough, the House
of Delegates adopted it in February, 2016 with a significant caveat: «that nothing contained in this Resolution abrogates in any manner existing ABA policy prohibiting non
lawyer ownership of law
firms or the core values adopted by the House
of Delegates -LSB-...] on July 11, 2000.»
... nothing contained in this Resolution abrogates in any manner existing ABA policy prohibiting non
lawyer ownership of law
firms or the core values adopted by the House
of Delegates.
The Commission's Alternative Law Practice Structures Working Group recommends allowing a limited form
of non —
lawyer ownership in law
firms.
In the United States,
lawyers are prohibited from splitting legal fees with nonlawyers and therefore banned from sharing
ownership of a law
firm.
Jim then presents his list
of 10 impediments to the adoption
of technology in the legal profession, such as a sluggish
lawyer administered regulatory system, and discusses changes made in the UK and Australia to approve non-
lawyer ownership of law
firms.
If, non-
lawyers are allowed to have equity
ownership in law
firms and, for example, an insurance company partially or completely owns a law
firm which defends its insureds in personal injury cases, the independent professional judgment
of the
lawyers working for the
firm may take a back seat to the business goals
of the insurance company.
In my experience, it is only
lawyers who criticize nonlawyer
ownership and management
of law
firms.
The talk was entitled,
Lawyers in Wonderland, or Why the ABA Should Undertake a Wholesale Reformation
of Model Lawyer Ethics Rules, and Specifically Rule 5.4, which Currently Prohibits Non-Lawyer
Ownership or Investment in Law
Firms.
[5] Louise Lark Hill, «The Preclusion
of Nonlawyer
Ownership of Law
Firms: Protecting the Interest
of Clients or Protecting the Interest
of Lawyers?»
It states «nothing contained in this Resolution abrogates in any manner existing ABA policy prohibiting non
lawyer ownership of law
firms.»
For example, Douglas Richmond stated that the 20/20 Commission «has gathered absolutely no evidence that non-lawyer
ownership in
firms... is desired by any material percentage
of United States
lawyers... multiple anecdotes are not evidence.»
Today,
lawyers and bar groups are doing everything they can to oppose the legalization
of non-lawyer law
firm ownership.
«It's just simply the first step and, two years down the road, we're going to have full non-
lawyer ownership of law
firms,» one injury
lawyer told Law Times» Alex Robinson.
Instead
of standing up for
lawyers, the report authors» first recommendation is to embrace law
firm «
ownership, management, and investment by persons other than
lawyers or other regulated legal professionals.»
If the supporters
of non-
lawyer ownership (I hesitate to use ABS because ABS doesn't only pertain to non-
lawyer ownership)
of law
firms advocate the mechanization
of the majority
of the
lawyer's role it is to be assumed it's because they know that a decrease in
lawyers would entail that the customers
of such software and machines would be non-
lawyers because the initial buyers
of such would have been replaced.
[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.
In many countries, including the United States, there is a rule that only
lawyers may have an
ownership interest in, or be managers
of, a law
firm.
The U.K. had a similar rule barring nonlawyer
ownership, but under reforms implemented by the Legal Services Act
of 2007 law
firms have been able to take on a limited number
of non-lawyer partners and
lawyers have been allowed to enter into a wide variety
of business relationships with non-
lawyers and non-lawyer owned businesses.
3.3 - 7 A
lawyer may disclose confidential information to the extent reasonably necessary to detect and resolve conflicts
of interest arising from the
lawyer's change
of employment or from changes in the composition or
ownership of a law
firm, but only if the information disclosed does not compromise the solicitor - client privilege or otherwise prejudice the client.
There seems to be merit in the possibility
of lawyers, who might have been in practice for many years, and contributed as much as (if not more than) many solicitors to a law
firm, to be invited into the
ownership of that
firm.
These structures are alternatives to the
ownership of law
firms only by qualified
lawyers.
I suggested that strong business management is managing through constant change, and that this change should be actively managed in a law
firm at three levels: the Partnership (and eventual transfer
of ownership); practice groups, and individual
lawyer careers.
I'm not aware
of any ethical difficulties Slater & Gordon has experienced, or any accusations that have been made by clients or judges, that public
ownership of the
firm has corrupted its
lawyers» professional duties or harmed their clients» interests.
[i] North American
lawyer regulatory regimes are also distinctive in their maintenance
of a single, unified occupation
of «
lawyer,» in their insulation
of law
firms from non-
lawyer ownership, and in their near - exclusive regulatory focus on individual
lawyers as opposed to law
firms.