The Gazette 1991

JULY/AUGUST 1991

GAZETTE

Multi-discipline practices The Council of the Law Society has recently examined the question of Multi-Disciplinary Practices ("MDP's"). The Council has unanimously adopted the position set out in the enclosed paper put before it at its February meeting. Members viewpoints are most welcome and may be sent to the Director-General.

Introduction This position paper on Multi- Discipline Practices (MDPs) has been prepared at the request of the Council of the Incorporated Law Society of Ireland ("The Law Society"). It has involved the examination of the position in other jurisdictions as well as Ireland, and it seeks to present the arguments concerning MDPs and to draw a conclusion and make recommenda- tions. The paper was prepared as of February 1991. An MDP is a profession practice in which members of different professions acting in some form of association with each other, but as a single business enterprise, provide professional services to the public (e.g. lawyers with account- ants and/or auctioneers and/or engineers etc.) It is important to realise that the solicitor might not be the dominant profession in any such practice. The response of the Council of the Law Society of Scotland to the Scottish Home and Health Department Discussion Paper in regard to this topic stated, inter alia, as follows:- "Members of the Law Society of Scotland clearly view this issue of MDPs as one of the most crucial to face the profession and as one which could create a climate leading to the ultimate destruction of an independent Scottish legal profession . . . . " There must be serious reservations that MDPs in Ireland could create a similar climate which could lead to the ultimate destruction of an independent Irish legal profession and erode the position of the Law Society and of solicitors generally. The paper examines the topic under the following headings:- 1. European Comparisons 2. United Kingdom Comparisons

3. CCBE (Association of European Bar Associations). 4. Principal Arguments in favour of MDPs. 5. Principal arguments in favour of the Single Profession Practice and against the MDP. 6. The Law Society 1989. 7. Conclusion. Note: This paper does not examine any aspect of Multi-National

the form of a corporation. The MDPs in Germany and the Netherlands are governed by "In Germany and in the Netherlands each participant of an MDP is governed by his own . . . code of ethics and has his own professional indemnity insurance." rules or regulations set up by the Law Society or a similar body (Bundesrechtsanwaltskammer in Germany and Nederlandse Orde van Advocaten in the Netherlands). In Germany and in the Netherlands each participant of an MDP is governed by his own deontology code (i.e. code of ethics) and has his own pro- fessional indemnity insurance. In Germany, the applicable provision in the Deontology

by Michael Irvine,* Solicitor

Partnerships ( "MNPs ") (i.e. partnerships between lawyers practising in different jurisdictions). 1. European Comparisons MDPs are currently only allowed in Germany ( "D") and in the Netherlands ("NL"). Comparable partners are notaries (D, NL), patent lawyers (D, NL), accountants (only D), auditors (only in D) and in the Netherlands "practitioners of other independent professions that require an academic or equivalent training and who are members of a Netherlands order or association, of which the members are subject to disciplinary rules comparable to those applicable pursuant to the Advocates Act, provided that as a result thereof, no obligation is imposed that could jeopardise the free and independent exercise of the profession" (Regulation No. 8, Art 2.1). The joint practice can be exercised in the form of shared office facilities (D, NL and Denmark), partnerships (D, NL) and in the Netherlands also in

*Mr. Irvine is a member of the Council of the Law Society and is a former Chairman of the Company Law Committee.

Michael G. Irvine

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