Georgia looks at limited MDPs.

Can a lawyer participate in a carefully regulated multidisciplinary practice without compromising the core values of the legal profession?

A report being sent to the State Bar of Georgia's Board of Governors suggests that such a scenario could work.

The details were presented to The Florida Bar Board of Governors -- which is on record as opposing all MDPs - at its November 30 meeting in Atlanta. Representatives of the two organizations also discussed multijurisdictional practice issues, which are being studied by the ABA.

Florida Bar President Terry Russell decided to use the occasion of an out-of-state board meeting to bring officials of the two organizations together to discuss two of the major issues facing organized bars across the country.

Representing the Georgia bar were President James B. Franklin of States-boro, former President Linda Klein of Atlanta, who chaired the Georgia bar's Multidisciplinary Committee, and General Counsel William P. Smith III. Russell moderated and representing The Florida Bar were board members Richard Gilbert, who chaired the Bar's first MDP study commission and now heads its MJP commission, and William Kalish, co-chair of the current MDP/Ancillary Business Special Commission.

Klein noted that when the original Florida Bar commission studied MDPs, it issued both pro and con reports, with the Board of Governors approving the con report. Although the Georgia committee recommended allowing a limited form of MDPs, she said the report is actually very close to the Florida con report.

Klein said she originally was a strong opponent of MDPs, as were most members of the committee. "After a lot of hard work, we felt we had to have a loosening and recommended a limited form of MDP here in Georgia, because we had to save what was important to the profession," she said. Those values include the independence of the lawyer and loyalty to the client, she added.

The committee set seven conditions for allowing an MDP:

* Only licensed lawyers in the MDP may practice law.

* Lawyers in an MDP remain vicariously liable for nonlawyers who assist in providing legal services, and those nonlawyers shall comply with the Georgia Rules of Professional Conduct.

* All MDP clients will be protected by the conflict of interest rules that apply to the clients of lawyers.

* All funds held for MDP clients must be held in a "fiduciary capacity."

* The MDP may not offer legal and attest (audit) services to the same client. Klein noted that...