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GAZETTE
JULY/AUGUST 1991
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
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
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
*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
217