New York State Bar Association Task Force on Nonlawyer Ownership

Albany Law Review, Winter 2012 | Go to article overview

New York State Bar Association Task Force on Nonlawyer Ownership


Table of Contents     I. INTRODUCTION   II. HISTORY OF THE DEBATE ON NONLAWYER OWNERSHIP IN       NEW YORK       A. The MacCrate Report Addresses Nonlawyer Investment          in Law Firms       B. NYSBA's House of Delegates Votes Against Nonlawyer          Ownership       C. The ABA Rejects a Proposal to Allow "Lawyer          Controlled" Multidisciplinarry Practice       D. The Appellate Divisions of the New York State          Supreme Court Adopt Rules Addressing a Lawyer's          Provision of Nonlegal Services and Contractual          Relations Between Lawyers and Nonlegal          Professionals       E. The COSAC Report and the Appellate Divisions'          Enactment of the New York Rules of Professional          Conduct, effective April 1, 2009       F. New York State Bar Opinions 889 and 911  III. THE ABA's ETHICS 20/20 COMMISSION PROPOSALS AND THE       NLO TASK FORCE'S MISSION   IV. NONLAWYER OWNERSHIP IN OTHER JURISDICTIONS       A. Australia       B. United Kingdom       C. District of Columbia    V. SPEAKERS AND PRESENTATIONS AT TASK FORCE MEETINGS   VI. TASK FORCE SURVEY RESULTS       A. Demographics       B. Questions Presented       C. Survey Results  VII. POSITIONS OF OTHER STATES AND COMMITTEES       A. Opinions in Opposition          1. New Jersey          2. Illinois State Bar Association          3. NYSBA Trusts and Estates Section       B. Opinions in Favor          1. NYSBA International Studies          2. NYSBA Commercial and Federal Litigation             Section          3. New York City Bar Association Committee on             Professional Responsibility          4. NYSBA Committee on Standards of Attorney             Conduct VIII. TASK FORCE OBSERVATIONS AND RECOMMENDATIONS       A. Task Force Observations          1. Nonlawyer Ownership as an Alternative Structure             for Legal Practice          2. No Compelling Need          3. No Empirical Data          4. No External Pressures for Change          5. Concerns About Professionalism          6. Choice of Law Problems and Opinions 889 and 911       B. Recommendations APPENDIX A       A. The Ethics 20/20 Commission       B. United Kingdom       C. Australia       D. District of Columbia       E. David Udell       F. Gary Munneke       G. Paul Saunders APPENDIX B 

I. INTRODUCTION

New York State, one of the world's most significant legal centers, has traditionally played a prominent role in the evolution of the law governing lawyers. In particular, New York has been influential in developing the law applicable to the structure and operation of law firms. Law firms are the vehicles through which essential legal services are provided to the public, and the integrity of their ownership and organization is indispensable to maintaining the effective delivery of those services.

At the turn of the twenty-first century, the New York State Bar Association ("NYSBA") established the MacCrate Committee and charged it with studying the existing law governing law firm structure and considering whether there was a need for any changes in the law. In 2000, that Committee issued the MacCrate Report, a seminal and expansive document that contained an appraisal of the American legal profession as of 2000 and discussed in detail nonlawyer involvement in the practice of law. The MacCrate Report opposed the adoption of a 1999 American Bar Association ("ABA") proposal that would have permitted nonlawyer ownership of law firms. NYSBA subsequently adopted a resolution that nonlawyer investment in law firms should continue to be prohibited and joined several other state bar associations in a successful effort to oppose nonlawyer ownership proposals that came before the ABA's House of Delegates.

On December 2, 2011, the ABA's Commission on Ethics 20/20 ("Ethics 20/20 Commission") released for comment a discussion draft proposing a limited form of nonlawyer ownership of law firms (the "ABA NLO Proposal"). The draft proposed to allow certain nonlawyers employed by a law firm to have a minority financial interest in the firm and share in its profits. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

New York State Bar Association Task Force on Nonlawyer Ownership
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.