Council rejects MDPs

The Society's Council has approved a paper supported at the AGM, concluding that multi-disciplinary practices are contrary to several core professional values

The Journal, July 2000, page 7

The hallmark of the Multi-Disciplinary Practices issue worldwide has been heated debate over decisions which could fundamentally change the profession. The Society’s Council have made the choice and decided against MDPs.

Is it right for the profession to join forces with other professions including most notably accountants or should the profession remain distinct? How will the clients be affected? The debate in Scotland centred on a paper prepared by the Society’s MDP Working Party and distributed to the profession in advance of the AGM in Inverness in April.

Since May 1997, the working party have researched, consulted and addressed the issues and presented the profession and Council with the decisions to be made. The debate at the AGM was wide-ranging and those attending were overwhelmingly in favour of the paper. The Society’s Council have now approved the paper, deciding against MDPs and adopting that decision as the policy of the Society reflecting the current Solicitors (Scotland) (Multi-Disciplinary Practices) Practice Rules 1991.

President, Alastair Thornton, said: “This is a complex issue and the debate has been informed and valuable. The net has been cast widely throughout Scotland and other jurisdictions to assess the benefits and disadvantages of MDPs. The issue was bound to arise in a world increasingly affected by globalisation.

“The Scottish profession have given their views and the Council has followed those views with a decision. Now the profession can continue to plan their work and business in the knowledge that the policy is there, the practice rules exist and the decisions have been made.”

The global economic situation is likely to set the tone of developments on this issue. In the US, some jurisdictions are coming out against MDPs following roughly the same lines as Scotland. There is litigation at the European Court of Justice which could help to determine the legality of MDPs. Council has made its decision after listening to the views of the profession and forming the belief that MDPs are contrary to several core professional values including independence, confidentiality and client privilege.