Muti Disciplinary
Muti Disciplinary
LEGAL STUDIES
BALLB/LLB
PROFESSIONAL ETHICS, ACCOUNTANCY FOR
LAWYERS AND BAR BENCH RELATIONS
-By Inderpreet
Kaur
DISCOVER . LEARN . EMPOWER
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Multi-Disciplinary Practice of Law
• A multi disciplinary practice of law is a type of alternative business
structure that provides a mixture of reserved and non-reserved legal
services together with other non-legal services. It is a one-spot
service. With the globalization and recent advancement in
technology, the system of MDP is gaining immense popularity. It has
many advantages as it provides various services in one place and
hence it is time as well as money saving. But with advantages come
disadvantages.
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Multi-disciplinary practice
• MEANING
• The multidisciplinary practice of law may be defined as joint
professional practice between lawyers and members of other
professions where their joint professional activities in pursuit of such
joint practice involve the offer of legal services to the public.
Depending on the context, the term may also mean the professional
grouping or entity under which or through which such joint practice is
undertaken. In the latter sense, it is co-terminus with the term “multi-
disciplinary partnership”.
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Multi-disciplinary practice
• The American Bar Association defined MDP as- “a partnership,
professional corporation, or other association or entity that includes
lawyers and non-lawyers and has as one, but not all, of its purposes
the delivery of legal services to a client(s) other than the MDP itself or
that holds itself out to the public as providing non-legal, as well as
legal services. It includes an arrangement by which a law firm joins
with one or more other professional firms to provide services, and
there is a direct or indirect sharing of profits as part of the
arrangement.”
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Multi-disciplinary practice
• HISTORY-MDP is not new but found in a number of professions.
• They became important during the end of the 1990s when the
accounting firm began to expand to the legal profession.
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Multi-disciplinary practice
• ESSENTIALS OF MDP
• It is a group service
• Under this system of business, an advocate will be bound to share his
remuneration with other professionals as it is a group service.
• This group business may be controlled by advocate or by other
professional.
• Name and fame of advocates may be used by group or by any other
member of group.
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Multi-disciplinary practice
• POSITION OF MDP IN INDIA
• Part III Chapter III Rule Number 2 This rule provides that an advocate shall
not enter into a partnership or any other arrangement for sharing
remuneration with any person or legal practitioner who is not an advocate.
• Part III Chapter III Rule Number 37 -This rule provides that an advocate shall
not permit his professional service or his name to be used in advertisement
or to make possible the unauthorized practice of law by any agency.
• These two rules provided in the BCI Rules, 1975
• Part vi chapter 2 rule 24 –Advocate shall not do anything whereby he
abuses or takes advantage of the confidence reposed in him by his client.
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Multi-disciplinary practice
• Benefits: single window
• Shortcomings: 1 independence, 2 loyalty to the client: other responsibilities to the
third party, incentives, conflict of interest, 3 attorney client privilege: inconsistent
with the rules of other professions
• Position in other countries
• Recommendation of the commission set up by ABA, possible, new procedure,
rules of professional conduct, withdrawal
• England: fast track
• Law Commission of India-Working paper on review of the advocate act, 1961-BCI
to devise ways
• Canada, Belgium, France spain, Ireland, australia
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References
• Rai Kailash, Legal Ethics, Central Law Publications, 10th Edition, 2011.
• Prasad Anirudh, The Ethics of Legal Profession in India, 3rd Edition,
2012
• Sirohi J. P. S, Professional Ethics and Accountancy for Lawyers and
Bench Bar Relations, 5th Edition 2010.
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THANK YOU