These alternative business structures include
non-lawyer ownership of firms, as well as «one - stop shop» structures that include a range of professional services, legal and otherwise, for clients.
He also suggests that
non-lawyer ownership of firms would help foster an innovative atmosphere in Canada's legal community.
This discussion, of course, included alternative business structures in the practice of law, i.e.:
non-lawyer ownership of firms.
Not exact matches
Without
non-lawyer investment and
ownership, U.S. - based
firms may find themselves at a competitive disadvantage, but in any case their clients will demand the same sort
of service they are used to at home.
Non-lawyers remain barred from
ownership of a
firm in every state with the exception
of Washington, D.C..
Some consternation about
non-lawyer ownership of Canadian law
firms is perfectly understandable.
While the Commission called for comment on a number
of significant issues, my comments focused on alternative providers
of legal services and regulatory innovations, including
non-lawyer ownership interest in law
firms.
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.
The Clementi Report, as Eddie calls it, concluded (amongst other things) that the UK needed to begin to allow
non-lawyer ownership of law
firms, in order to increase competition, and give the public more choice.
Murrell, Larry D. «Ethics 20/20
Non-lawyer Ownership of Law
Firms.»
«
Non-Lawyer Ownership of Law
Firms.»
Eddie walked me through a quick history
of non-lawyer ownership of law
firms (which he is writing a book about as well).
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).
The District
of Columbia is the only other U.S. jurisdiction that allows
non-lawyer ownership in law
firms.
Boston College Law School Prof. Judith A. McMorrow goes deep on
non-lawyer ownership of law
firms in the UK and the lessons it offers here in the U.S.
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...
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.
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 regulatory prohibition on
non-lawyer capital and
ownership of firms is a major roadblock for the large - scale retail law
firm model.
The globalization
of law along with changes in regulations here giving paralegals and notaries more scope and even the possibility
of non-lawyer ownership of law
firms as well as greater segmentation
of legal services mean it's time to adapt or die.
With the current self — regulation
of the legal profession,
non-lawyers aren't allowed to have any
ownership interests in a
firm.
Australia has permitted
non-lawyer ownership of law
firms for several years and the US is seriously considering it with the American Bar Association's Ethics 20/20 Commission.
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.
Lawrence D. Flick a Kansas City area personal injury attorney and Senior Attorney at Flick Law
Firm says «Opening up
non-lawyer ownership of law
firms concerns me.
In Scotland whilst we have an Act
of the Scottish Parliament that will allow
non-lawyer ownership of law
firms (but, unlike in England, not more than 49 per cent
ownership) that Act has not yet been fully brought into force to allow it to actually happen.
In Scotland whilst we have an Act
of the Scottish Parliament that will allow
non-lawyer ownership of law
firms (but, unlike in England, not more than 49 %
ownership) that Act has not yet been fully brought into force to allow it to actually happen.
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.
In Scotland whilst we have an Act
of the Scottish Parliament that will allow
non-lawyer ownership of law
firms (but, unlike in England, not more than 49 %
The book misleadingly suggests that «the United Kingdom... have allowed
non-lawyer ownership of law
firms... for a number
of years».
Add together
non-lawyer investment in or complete
ownership of law
firms and multidisciplinary practices, and the revolution truly begins.
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.»
But if you are so inclined and you happen to be in Australia or the U.K. where
non-lawyer ownership of law
firms is permissible, you can find some handy advice about the decision to list a law
firm on the stock exchange here, including:
First, it would mean that you are not in the U.S., where the rules
of professional conduct in all 51 jurisdictions on
non-lawyer ownership of law
firms currently stand in your way.
It's no way to run a business
of any substantial size, and if
non-lawyer ownership of law
firms ever catches on worldwide, that might well be the beginning
of the end for this model.
Although in the U.S. growing national businesses such as LegalZoom provide a variety
of legal services outside the traditional law
firm legal service delivery model that is constrained by the rule
of professional conduct banning
non-lawyer ownership, no jurisdiction in the U.S. has a
non-lawyer ownership ABS model like the UK's.
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.
-- The practising bar: Support
non-lawyer ownership of law
firms, support a broader scope
of practice for para-professionals, build better law
firm models, and help fund competence training programs to replace articling.
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.
And therefore: (1) the problem has been allowed to become worse for decades; (2) we are still a long way from a solution; and as a result, (3) we are at considerable risk
of government intervention by way
of either: (a) socialized law, or, (b) free enterprise law, allowing
non-lawyer ownership of law
firms.
«
Non-lawyer»
ownership of law
firms was stymied in 2015, but this year will bring us something profoundly more important: proactive, principle - based, entity regulation
of legal services.
Three times since the turn
of the new Millennium, the American Bar Association and State Bars have declined to adopt some version
of legal re-regulation that eases the current prohibitions
of «
non-lawyer» investment,
ownership, and management
of law
firms.
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.
In addition to law
firms and ABS structures elsewhere, studying
non-lawyer business organizations (e.g. engineers can have non-engineer
ownership but an engineer has to take responsibility under the certificate
of authorization, and even looking at how MDPs have worked including decision - making restrictions) may be useful.
The most obviously controversial recommendation (there were 22) is the opening up
of law
firm ownership to allow
non-lawyers to hold the keys to the kingdom.
I offered it up as an example
of a
firm that seems to be managing its ethical and professional obligations even with the presence
of «
non-lawyer»
ownership.
An equally strong undercurrent
of anxiety percolates around English forays into
non-lawyer ownership of law
firms.
This suggests that jurisdictions adopting
non-lawyer ownership should consider banning, or at least more heavily regulating, this type
of ownership where the potential for conflict
of interest is high, such as insurance companies owning personal injury law
firms.
[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.