The VSB/VBA Joint Commission on Multidisciplinary Practice (the “Joint Commission”) was appointed by VSB President Scott Street and VBA President David Landin in the fall of 1999. The first meeting of the Joint Commission was held in Williamsburg in January of 2000. Robert Nusbaum of Norfolk was initially appointed as Chair of the Joint Commission, but due to Mr. Nusbaum’s illness, John Keith was asked to serve in his stead. A list of the members of the Joint Commission is attached to this report.

The Joint Commission began meeting in August of 2000 and has met monthly since then. The meetings have been well attended and the participation by members of the Joint Commission has been generous and enthusiastic.

The group has been divided into five subcommittees. They are: UPL/Ethics, Accountancy Regulation and Other Disciplines, Implications for Small Practices, Education/Communication/Funding, and European/Canadian Experience. Each of these subcommittees has organized separate meetings and has reported to the Joint Commission on a regular basis.

Several of our meetings have been focussed on particular issues. In November, the Joint Commission was joined by representatives from a number of non-profit organizations who addressed the problems that many of them have operating under the existing ethical rules and the opportunities an approved MDP structure would provide their organizations. In December, representatives of the Virginia Society of CPAs, the general counsel of the AICPA, and Senator Walter Stosch met with us to discuss with us their view of multidisciplinary practice.

In January, the Joint Commission met to give a presentation and receive comments from attendees at the Virginia Bar Association winter meeting. Members of the Joint Commission will be making presentations at the Bar Leadership Institutes in March.

At its February meeting, the Joint Commission will begin to discuss the shape, form, and content of our report to Bar Council. We plan to submit this report for presentation to Council at the June 2001 meeting.

Although the Joint Commission has not yet begun its deliberations, several areas of consensus seem to have emerged from our study and discussion thus far. For example:

• The Joint Commission was unanimous in its feeling that the Virginia Bar must take some action with respect to multidisciplinary practice; in other words, the “do nothing” option should not be followed.
  
  
• We have recognized that many forms of multidisciplinary practice are currently in existence and approved under the existing ethical rules.
  
  
• Lawyers who work in large accounting firms are unregulated, and much of the work they are doing, particularly tax practice, is within the scope of activity authorized by law.
  
  
• The so-called “core values” of the legal profession (independence, loyalty, and confidentiality) are most important in the context of litigation.

Attached to this report is an article which appeared in the Virginia Lawyers Weekly explaining the basic issues surrounding the debate over MDP. Also attached is a chart which shows what other states have done on this issue as of February 5, 2001. It is interesting to note that most states are still studying the issue and approximately equal numbers of states have come out in favor of and opposed to MDPs.

Respectfully submitted,
John A.C. Keith, Chair