What the MDP Debate Can Teach Us about Law Practice in the New Millennium and the Need for Curricular Reform

Journal of Legal Education

Volumn 50, Issue 4, 2000, Pages 521-546

  Daly, Mary C ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0034561373     PISSN: 00222208     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (148)

1. These observations are entirely my own and should not in any way be attributed to the ABA, the commission, or its individual members.
2. See Deborah Jones Merritt & Jennifer Cihon, New Course Offerings in the Upper-Level Curriculum: Report of the AALS Survey, 47 J. Legal Educ. 524, 565 (1997).
3. The vocabulary for describing collaborative efforts between scholars and practitioners in different disciplines is still evolving. Interdisciplinary and multidisciplinary are often used interchangeably. The notion of interdisciplinary learning is certainly not new to legal scholarship or to the delivery of legal services. There is, however, a subtle but critical difference between the terms interdisciplinary and multidisciplinary. Interdisciplinary implies rigid borders and defined boundaries. Multidisciplinary implies permeable borders and blurring boundaries. It hints at synergies among the disciplines in a way that interdisciplinary does not.
4. The MDP debate has focused almost entirely on private-sector law firms and corporate legal departments. This essay accordingly will continue that focus. It would be a serious mistake, however, not to note the relevance of the debate to public interest law firms, legal aid societies, prosecutors' offices, and government-agency general counsel offices. Some of these organizations operate as virtual MDPs already. Consider, for example, the cooperation between prosecutors and social workers in cases of child sexual abuse in deciding whether the victim is psychologically capable of withstanding cross-examination, or in cases of spousal abuse in deciding whether the defendant should be formally charged or, in the alternative, be permitted to enter into a counseling program. In public interest environmental law firms, lawyers and ecologists work side by side in selecting cases, preparing discovery, and evaluating settlement offers. Similar observations can be made about the activities of in-house lawyers, who frequently work in multidisciplinary teams.
5. For a complete description of the commission's activities, see Mary C. Daly, Choosing Wise Men Wisely: The Risks and Rewards of Purchasing Legal Services from Lawyers in a Multidisciplinary Partnership, 13 Geo. J. Legal Ethics 217 (2000);
6. For a complete description of the commission's activities, see Mary C. Daly, Choosing Wise Men Wisely: The Risks and Rewards of Purchasing Legal Services from Lawyers in a Multidisciplinary Partnership, 13 Geo. J. Legal Ethics 217 (2000); ABA Commission on Multidisciplinary Practice, Report to the House of Delegates, Appendix at 1 (2000) [hereinafter ABA Commission Report 2000]; Reporter's Notes, ABA Commission on Multidisciplinary Practice, Report to the House of Delegates, Appendix C at Cl, C9-10 (1999). Both the 1999 and 2000 reports are available at 〈http://www.abanet.org/cpr/multicom.html〉. Posted on the Web site are the comments the commission received, summaries of the witnesses' testimony, and other documents the commission prepared including an Interim Report and a set of hypothetical soliciting feedback from visitors to the site. The site also contains links to the home page of any of the local and state bar association groups studying MDP-related issues that have created Web sites. To keep this essay within a manageable length, I will not for the most part cite directly to the primary material the commission reviewed or to its Web site. Instead, I will refer to the applicable sections of my above article containing these extensive citations. For an extremely thoughtful and comprehensive description of the commission's activities and the multitude of issues raised by the MDP debate, see Laurel S. Terry, A Primer on MDPs: Should the "No" Rule Become a New Rule? 72 Temp. L. Rev. 869 (1999).
7. For a complete description of the commission's activities, see Mary C. Daly, Choosing Wise Men Wisely: The Risks and Rewards of Purchasing Legal Services from Lawyers in a Multidisciplinary Partnership, 13 Geo. J. Legal Ethics 217 (2000); ABA Commission on Multidisciplinary Practice, Report to the House of Delegates, Appendix at 1 (2000) [hereinafter ABA Commission Report 2000]; Reporter's Notes, ABA Commission on Multidisciplinary Practice, Report to the House of Delegates, Appendix C at Cl, C9-10 (1999). Both the 1999 and 2000 reports are available at 〈http://www.abanet.org/cpr/multicom.html〉. Posted on the Web site are the comments the commission received, summaries of the witnesses' testimony, and other documents the commission prepared including an Interim Report and a set of hypothetical soliciting feedback from visitors to the site. The site also contains links to the home page of any of the local and state bar association groups studying MDP-related issues that have created Web sites. To keep this essay within a manageable length, I will not for the most part cite directly to the primary material the commission reviewed or to its Web site. Instead, I will refer to the applicable sections of my above article containing these extensive citations. For an extremely thoughtful and comprehensive description of the commission's activities and the multitude of issues raised by the MDP debate, see Laurel S. Terry, A Primer on MDPs: Should the "No" Rule Become a New Rule? 72 Temp. L. Rev. 869 (1999).
8. For a complete description of the commission's activities, see Mary C. Daly, Choosing Wise Men Wisely: The Risks and Rewards of Purchasing Legal Services from Lawyers in a Multidisciplinary Partnership, 13 Geo. J. Legal Ethics 217 (2000); ABA Commission on Multidisciplinary Practice, Report to the House of Delegates, Appendix at 1 (2000) [hereinafter ABA Commission Report 2000]; Reporter's Notes, ABA Commission on Multidisciplinary Practice, Report to the House of Delegates, Appendix C at Cl, C9-10 (1999). Both the 1999 and 2000 reports are available at 〈http://www.abanet.org/cpr/multicom.html〉. Posted on the Web site are the comments the commission received, summaries of the witnesses' testimony, and other documents the commission prepared including an Interim Report and a set of hypothetical soliciting feedback from visitors to the site. The site also contains links to the home page of any of the local and state bar association groups studying MDP-related issues that have created Web sites. To keep this essay within a manageable length, I will not for the most part cite directly to the primary material the commission reviewed or to its Web site. Instead, I will refer to the applicable sections of my above article containing these extensive citations. For an extremely thoughtful and comprehensive description of the commission's activities and the multitude of issues raised by the MDP debate, see Laurel S. Terry, A Primer on MDPs: Should the "No" Rule Become a New Rule? 72 Temp. L. Rev. 869 (1999).
9. See D.C. Rules of Professional Conduct Rule 5.4 (1999). Outside the U.S. the command-and-control model is currently permitted only in New South Wales, Australia. But it may soon be permitted in Canada. See Daly, supra note 5, at 225 n.24. If the commission had adopted a recommendation along the lines of this model, I suspect that the recommendation would have won the approval of the House of Delegates. An MDP in which command and control were vested in the lawyer-member(s) would have considerably lessened the delegates' expressed anxiety about the ability of the nonlawyer member(s) to interfere with the lawyers' exercise of independent professional judgment or undermine other core values. But whether opting for such a limited recommendation as opposed to the more far-reaching fully integrated one would have been in the best interest of the public is highly questionable.
10. Daly, supra note 5. at n.108 and accompanying text.
11. Although most jurisdictions that permit ancillary businesses also prohibit a lawyer from using the business as a feeder, the prohibitions are rarely invoked. See id. at n.111 and accompanying text. The conflict-of-interest standards of a jurisdiction's code of lawyer conduct will impede the delivery of integrated legal and nonlegal advice by a law firm and an ancillary business only to the extent that the two entities are treated as one. Careful attention to the formalities of institutional separation may make it difficult to prove the prerequisite integration.
12. See id. at n. 109-22 and accompanying text.
13. ABA Commission on Professionalism, ". . . In the Spirit of Public Service": A Blueprint for the Rekindling of Lawyer Professionalism, 112 F.R.D. 243, 280-81 (1986).
14. For a fascinating account of these events, see Ted Schneyer, Policymaking and the Perils of Professionalism: The ABA's Ancillary Business Debate as a Case Study, 35 Ariz. L. Rev. 363 (1993).
15. Sec Daly, supra note 5, at n.116. One of the states, Pennsylvania, made changes to the ABA version of Rule 5.7 before adopting the rule as modified. Id. See Laurel S. Terry, Pennsylvania Adopts Ancillary Business Rule, 8 Prof. Law. 10 (1996).
16. Lawrence Fox, one of the most outspoken opponents of MDPs, warned vigorously of the ethical perils of permitting lawyers to practice in ancillary businesses, using language almost identical to that he used during the MDP debate. Cf. Lawrence J. Fox, Restraint Is Good in Trade, Nat'l L.J., Apr. 29, 1991, at 17; Lawrence J. Fox, You've Got the Soul of the Profession in Your Hands, 〈http://wwv.abanet.org/cpr/foxl.html〉 (visited July 30, 2000).
17. Lawrence Fox, one of the most outspoken opponents of MDPs, warned vigorously of the ethical perils of permitting lawyers to practice in ancillary businesses, using language almost identical to that he used during the MDP debate. Cf. Lawrence J. Fox, Restraint Is Good in Trade, Nat'l L.J., Apr. 29, 1991, at 17; Lawrence J. Fox, You've Got the Soul of the Profession in Your Hands, 〈http://wwv.abanet.org/cpr/foxl.html〉 (visited July 30, 2000).
18. See Daly, supra note 5, at n.26 & 65-70 and accompanying text. The term Big five refers to Arthur Andersen, Deloitte & Touche, Ernst & Young, KPMG, and PricewaterhouseCoopers.
19. One of the most interesting subissues in the debate is whether there should be any restrictions on the nonlawyer's vocation. For example, should a lawyer be permitted to share fees and enter into a partnership with a medical doctor but not an ambulance driver? I will ignore this subissue and simply refer to "nonlawyers" or "nonlawyer professionals." I have raised the question with students and found that it elicits provocative comments relating to class structure and professional elitism in the United States.
20. Defining the activities that fall under the rubric of "consulting services" in this context is an almost impossible task. Why the rubric causes angst to such a large number of lawyers is fairly obvious, however, as the following observation by a Big Five partner illustrates: "When many think of a law firm . . . they think primarily of litigation. When they think of an accounting firm, they think of auditing and compliance. There's a big gray area in the middle -consulting." Dan Trigoboff, Competition from Outside the Profession: Law Firms Losing Business to Accountants, Bankers, Actuaries, Consultants, A.B.A. J., Apr. 1995, at 18, 18-19. Up until very recently, a significant part of the "big gray area in the middle" was the transactional, financial, and business advice that lawyers delivered to their clients. Competition came from other law firms only and certainly not from nonlawyer providers of professional services.
21. See Daly, supra note 5, at 227-40.
22. Symposium, Future of the Profession: A Symposium on Multidisciplinary Practice, 84 Minn. L. Rev. 1083 (2000); Symposium, The Phyllis W. Beck Chair in Law Symposium: New Roles, No Rules? Redefining Lawyers' Work, 72Temp. L. Rev. 773 (1999); Symposium, Lawyers and Accounting Firms: Ethical Concern or Model for the Future?, 20 Pace L. Rev. 1 (1999).
23. Symposium, Future of the Profession: A Symposium on Multidisciplinary Practice, 84 Minn. L. Rev. 1083 (2000); Symposium, The Phyllis W. Beck Chair in Law Symposium: New Roles, No Rules? Redefining Lawyers' Work, 72Temp. L. Rev. 773 (1999); Symposium, Lawyers and Accounting Firms: Ethical Concern or Model for the Future?, 20 Pace L. Rev. 1 (1999).
24. Symposium, Future of the Profession: A Symposium on Multidisciplinary Practice, 84 Minn. L. Rev. 1083 (2000); Symposium, The Phyllis W. Beck Chair in Law Symposium: New Roles, No Rules? Redefining Lawyers' Work, 72Temp. L. Rev. 773 (1999); Symposium, Lawyers and Accounting Firms: Ethical Concern or Model for the Future?, 20 Pace L. Rev. 1 (1999).
25. They include the University of Missouri - Kansas City School of Law in October 2001, Ghent University (Belgium) in October 2001, and Case Western Reserve University School of Law in November 2001.
26. Daniel R. Fischel, Multidisciplinary Practice, 55 Bus. Law. 951 (2000); Stephen Gillers, The Anxiety of Influence, 27 Fla. St. U. L Rev. 123 (1999); Laurel S. Terry & Clasing B. Houtman, Future Role of Merged Law and Accounting Firms: What If . . . ? The Consequences of Court Invalidation of Lawyer-Accountant Multidisciplinary Partnership Bans, in Private Investments Abroad: Problems and Solutions in International Business in 1998 (New York, 1998); Charles W. Wolfram, The ABA and MDPs: Context, History, and Process, 84 Minn. L. Rev. 1625 (2000) [hereinafter ABA and MDPs]; Charles W. Wolfram, "Multi-Disciplinary Partnerships" in the Law Practice of European and American Lawyers, in Lawyers' Practice & Ideals: A Comparative View, eds. John J. Barcelo III & Roger C. Cramton, 301 (The Hague, 1999); Gianluca Morello, Note, Big Six Accounting Firms Shop Worldwide for Law Firms: Why Multi-Disciplinary Practices Should Be Permitted in the United States, 21 Fordham Int'l L.J. 190 (1997).
27. Daniel R. Fischel, Multidisciplinary Practice, 55 Bus. Law. 951 (2000); Stephen Gillers, The Anxiety of Influence, 27 Fla. St. U. L Rev. 123 (1999); Laurel S. Terry & Clasing B. Houtman, Future Role of Merged Law and Accounting Firms: What If . . . ? The Consequences of Court Invalidation of Lawyer-Accountant Multidisciplinary Partnership Bans, in Private Investments Abroad: Problems and Solutions in International Business in 1998 (New York, 1998); Charles W. Wolfram, The ABA and MDPs: Context, History, and Process, 84 Minn. L. Rev. 1625 (2000) [hereinafter ABA and MDPs]; Charles W. Wolfram, "Multi-Disciplinary Partnerships" in the Law Practice of European and American Lawyers, in Lawyers' Practice & Ideals: A Comparative View, eds. John J. Barcelo III & Roger C. Cramton, 301 (The Hague, 1999); Gianluca Morello, Note, Big Six Accounting Firms Shop Worldwide for Law Firms: Why Multi-Disciplinary Practices Should Be Permitted in the United States, 21 Fordham Int'l L.J. 190 (1997).
28. Daniel R. Fischel, Multidisciplinary Practice, 55 Bus. Law. 951 (2000); Stephen Gillers, The Anxiety of Influence, 27 Fla. St. U. L Rev. 123 (1999); Laurel S. Terry & Clasing B. Houtman, Future Role of Merged Law and Accounting Firms: What If . . . ? The Consequences of Court Invalidation of Lawyer-Accountant Multidisciplinary Partnership Bans, in Private Investments Abroad: Problems and Solutions in International Business in 1998 (New York, 1998); Charles W. Wolfram, The ABA and MDPs: Context, History, and Process, 84 Minn. L. Rev. 1625 (2000) [hereinafter ABA and MDPs]; Charles W. Wolfram, "Multi-Disciplinary Partnerships" in the Law Practice of European and American Lawyers, in Lawyers' Practice & Ideals: A Comparative View, eds. John J. Barcelo III & Roger C. Cramton, 301 (The Hague, 1999); Gianluca Morello, Note, Big Six Accounting Firms Shop Worldwide for Law Firms: Why Multi-Disciplinary Practices Should Be Permitted in the United States, 21 Fordham Int'l L.J. 190 (1997).
29. Daniel R. Fischel, Multidisciplinary Practice, 55 Bus. Law. 951 (2000); Stephen Gillers, The Anxiety of Influence, 27 Fla. St. U. L Rev. 123 (1999); Laurel S. Terry & Clasing B. Houtman, Future Role of Merged Law and Accounting Firms: What If . . . ? The Consequences of Court Invalidation of Lawyer-Accountant Multidisciplinary Partnership Bans, in Private Investments Abroad: Problems and Solutions in International Business in 1998 (New York, 1998); Charles W. Wolfram, The ABA and MDPs: Context, History, and Process, 84 Minn. L. Rev. 1625 (2000) [hereinafter ABA and MDPs]; Charles W. Wolfram, "Multi-Disciplinary Partnerships" in the Law Practice of European and American Lawyers, in Lawyers' Practice & Ideals: A Comparative View, eds. John J. Barcelo III & Roger C. Cramton, 301 (The Hague, 1999); Gianluca Morello, Note, Big Six Accounting Firms Shop Worldwide for Law Firms: Why Multi-Disciplinary Practices Should Be Permitted in the United States, 21 Fordham Int'l L.J. 190 (1997).
30. Daniel R. Fischel, Multidisciplinary Practice, 55 Bus. Law. 951 (2000); Stephen Gillers, The Anxiety of Influence, 27 Fla. St. U. L Rev. 123 (1999); Laurel S. Terry & Clasing B. Houtman, Future Role of Merged Law and Accounting Firms: What If . . . ? The Consequences of Court Invalidation of Lawyer-Accountant Multidisciplinary Partnership Bans, in Private Investments Abroad: Problems and Solutions in International Business in 1998 (New York, 1998); Charles W. Wolfram, The ABA and MDPs: Context, History, and Process, 84 Minn. L. Rev. 1625 (2000) [hereinafter ABA and MDPs]; Charles W. Wolfram, "Multi-Disciplinary Partnerships" in the Law Practice of European and American Lawyers, in Lawyers' Practice & Ideals: A Comparative View, eds. John J. Barcelo III & Roger C. Cramton, 301 (The Hague, 1999); Gianluca Morello, Note, Big Six Accounting Firms Shop Worldwide for Law Firms: Why Multi-Disciplinary Practices Should Be Permitted in the United States, 21 Fordham Int'l L.J. 190 (1997).
31. Daniel R. Fischel, Multidisciplinary Practice, 55 Bus. Law. 951 (2000); Stephen Gillers, The Anxiety of Influence, 27 Fla. St. U. L Rev. 123 (1999); Laurel S. Terry & Clasing B. Houtman, Future Role of Merged Law and Accounting Firms: What If . . . ? The Consequences of Court Invalidation of Lawyer-Accountant Multidisciplinary Partnership Bans, in Private Investments Abroad: Problems and Solutions in International Business in 1998 (New York, 1998); Charles W. Wolfram, The ABA and MDPs: Context, History, and Process, 84 Minn. L. Rev. 1625 (2000) [hereinafter ABA and MDPs]; Charles W. Wolfram, "Multi-Disciplinary Partnerships" in the Law Practice of European and American Lawyers, in Lawyers' Practice & Ideals: A Comparative View, eds. John J. Barcelo III & Roger C. Cramton, 301 (The Hague, 1999); Gianluca Morello, Note, Big Six Accounting Firms Shop Worldwide for Law Firms: Why Multi-Disciplinary Practices Should Be Permitted in the United States, 21 Fordham Int'l L.J. 190 (1997).
32. The seminar was offered by Bernard Wolfman, a leading expert on ethics in tax practice who also appeared as a witness before the commission. See Bernard Wolfman, Oral Testimony, 〈http://www.abanet.org/cpr/wolfman2html〉 (visited July 30, 2000); Bernard Wolfman, Written Remarks, 〈http://www.abanet.org/cpr/wolfman1html〉 (visited July 30, 2000).
33. The seminar was offered by Bernard Wolfman, a leading expert on ethics in tax practice who also appeared as a witness before the commission. See Bernard Wolfman, Oral Testimony, 〈http://www.abanet.org/cpr/wolfman2html〉 (visited July 30, 2000); Bernard Wolfman, Written Remarks, 〈http://www.abanet.org/cpr/wolfman1html〉 (visited July 30, 2000).
34. See generally Marc Galanter & Thomas Palay, Tournament of Lawyers: The Transformation of the Big Law Firm (Chicago, 1991); Robert L. Nelson et al., eds., Lawyers' Ideals/Lawyers' Practices: Transformations in the American Legal Profession (Ithaca, 1992).
35. See generally Marc Galanter & Thomas Palay, Tournament of Lawyers: The Transformation of the Big Law Firm (Chicago, 1991); Robert L. Nelson et al., eds., Lawyers' Ideals/Lawyers' Practices: Transformations in the American Legal Profession (Ithaca, 1992).
36. Expert systems that mimic the decision-making process of experienced lawyers are rapidly being developed by both law firms and the Big Five. They have the potential to decrease the need for individual lawyer and law firm services. See New York State Bar Ass'n Special Comm. on the Law Governing Firm Structure and Operation, Preserving the Core Values of the American Legal Profession: The Place of Multidisciplinary Practice in the Law Governing Lawyers 298-300 (Albany, 2000) [hereinafter Preserving the Core Values]. Sec also Unauthorized Practice of Law Committee v. Parsons Technology, Inc., 1999 WL 47235 (N.D. Tex. Jan. 22, 1999), vacated and remanded, 179 F.3d 956 (5th Cir. 1999). For a discussion of the case, see Daly, supra note 5, at n.181.
37. See Fischel, supra note 20, at 959 (noting the "deep insecurity" that if MDPs are allowed, lawyers will be unsuccessful in competing for managerial positions within the firm).
38. See ABA Commission Report 2000. supra note 5, at Appendix 1.
39. See supra note 5.
40. See Daly, supra note 5, at n.242 and accompanying text.
41. See id. at n. 247-50 and accompanying text.
42. See Jill Schachner Chanen, MDP: The View from Main Street: Solos and Small Firms Have Their Own Concerns About Nonlawyer Partners, A.B.A. J., Dec. 1999, at 76.
43. See Fischel, supra note 20.
44. See Daly, supra note 5, at n.243-45 and accompanying text,
45. Geanne Rosenberg, Move Over, Baker & McKenzie: Big 5 Have Arrived - In a Big Way! Nat'l L.J., May 29, 2000, at B6.
46. See Daly, supra note 5, at n.87-88 and accompanying text.
47. There may well be some ambivalence in the general counsels' views on MDPs. MDPs are potential competitors with in-house legal departments for the delivery of certain types of legal services. See A. J. Noble, While the Profession Debates Where to Draw the Line Between Accountants and Lawyers, the Big five Firms Are Already Cozying Up to Corporate Clients, Am. Law., June 1999, at 51. Furthermore, since the Big Five firm that audits the organization's financial statements is likely to have an influential relationship with the organization's chief financial officer, there is always the possibility that the firm might pressure the CFO to purchase consulting services from the firm's legal unit. Depending on the size and frequency of these purchases, they could diminish the prestige and power of the general counsel within the organization. See Daly, supra note 5, at n. 275-77 and accompanying text. The Securities and Exchange Commission is actively studying whether the provision of audit and consulting services by the same Big Five firm to a client may in fact or appearance compromise auditor independence. See James E. Copeland, Jr., Accounting Ain't Broke, So Don't Fix It, Wall St. J., July 25, 2000, at A22; Michael Schroeder, SEC's Probe of MicroStrategy Focuses on Auditor-Independence Standards, Wall St. J., July 18, 2000, at A3; Michael Schroeder, Calls for Rules to Curb Consulting by Auditing Firms, Wall St. J., June 28, 2000, at C19; Michael Schroeder & Judith Burns, Levitt Seeks Rules to Curb Audit Firms' Conflicts, Wall St. J., May 10, 2000, at A2.
48. There may well be some ambivalence in the general counsels' views on MDPs. MDPs are potential competitors with in-house legal departments for the delivery of certain types of legal services. See A. J. Noble, While the Profession Debates Where to Draw the Line Between Accountants and Lawyers, the Big five Firms Are Already Cozying Up to Corporate Clients, Am. Law., June 1999, at 51. Furthermore, since the Big Five firm that audits the organization's financial statements is likely to have an influential relationship with the organization's chief financial officer, there is always the possibility that the firm might pressure the CFO to purchase consulting services from the firm's legal unit. Depending on the size and frequency of these purchases, they could diminish the prestige and power of the general counsel within the organization. See Daly, supra note 5, at n. 275-77 and accompanying text. The Securities and Exchange Commission is actively studying whether the provision of audit and consulting services by the same Big Five firm to a client may in fact or appearance compromise auditor independence. See James E. Copeland, Jr., Accounting Ain't Broke, So Don't Fix It, Wall St. J., July 25, 2000, at A22; Michael Schroeder, SEC's Probe of MicroStrategy Focuses on Auditor-Independence Standards, Wall St. J., July 18, 2000, at A3; Michael Schroeder, Calls for Rules to Curb Consulting by Auditing Firms, Wall St. J., June 28, 2000, at C19; Michael Schroeder & Judith Burns, Levitt Seeks Rules to Curb Audit Firms' Conflicts, Wall St. J., May 10, 2000, at A2.
49. There may well be some ambivalence in the general counsels' views on MDPs. MDPs are potential competitors with in-house legal departments for the delivery of certain types of legal services. See A. J. Noble, While the Profession Debates Where to Draw the Line Between Accountants and Lawyers, the Big five Firms Are Already Cozying Up to Corporate Clients, Am. Law., June 1999, at 51. Furthermore, since the Big Five firm that audits the organization's financial statements is likely to have an influential relationship with the organization's chief financial officer, there is always the possibility that the firm might pressure the CFO to purchase consulting services from the firm's legal unit. Depending on the size and frequency of these purchases, they could diminish the prestige and power of the general counsel within the organization. See Daly, supra note 5, at n. 275-77 and accompanying text. The Securities and Exchange Commission is actively studying whether the provision of audit and consulting services by the same Big Five firm to a client may in fact or appearance compromise auditor independence. See James E. Copeland, Jr., Accounting Ain't Broke, So Don't Fix It, Wall St. J., July 25, 2000, at A22; Michael Schroeder, SEC's Probe of MicroStrategy Focuses on Auditor-Independence Standards, Wall St. J., July 18, 2000, at A3; Michael Schroeder, Calls for Rules to Curb Consulting by Auditing Firms, Wall St. J., June 28, 2000, at C19; Michael Schroeder & Judith Burns, Levitt Seeks Rules to Curb Audit Firms' Conflicts, Wall St. J., May 10, 2000, at A2.
50. There may well be some ambivalence in the general counsels' views on MDPs. MDPs are potential competitors with in-house legal departments for the delivery of certain types of legal services. See A. J. Noble, While the Profession Debates Where to Draw the Line Between Accountants and Lawyers, the Big five Firms Are Already Cozying Up to Corporate Clients, Am. Law., June 1999, at 51. Furthermore, since the Big Five firm that audits the organization's financial statements is likely to have an influential relationship with the organization's chief financial officer, there is always the possibility that the firm might pressure the CFO to purchase consulting services from the firm's legal unit. Depending on the size and frequency of these purchases, they could diminish the prestige and power of the general counsel within the organization. See Daly, supra note 5, at n. 275-77 and accompanying text. The Securities and Exchange Commission is actively studying whether the provision of audit and consulting services by the same Big Five firm to a client may in fact or appearance compromise auditor independence. See James E. Copeland, Jr., Accounting Ain't Broke, So Don't Fix It, Wall St. J., July 25, 2000, at A22; Michael Schroeder, SEC's Probe of MicroStrategy Focuses on Auditor-Independence Standards, Wall St. J., July 18, 2000, at A3; Michael Schroeder, Calls for Rules to Curb Consulting by Auditing Firms, Wall St. J., June 28, 2000, at C19; Michael Schroeder & Judith Burns, Levitt Seeks Rules to Curb Audit Firms' Conflicts, Wall St. J., May 10, 2000, at A2.
51. There may well be some ambivalence in the general counsels' views on MDPs. MDPs are potential competitors with in-house legal departments for the delivery of certain types of legal services. See A. J. Noble, While the Profession Debates Where to Draw the Line Between Accountants and Lawyers, the Big five Firms Are Already Cozying Up to Corporate Clients, Am. Law., June 1999, at 51. Furthermore, since the Big Five firm that audits the organization's financial statements is likely to have an influential relationship with the organization's chief financial officer, there is always the possibility that the firm might pressure the CFO to purchase consulting services from the firm's legal unit. Depending on the size and frequency of these purchases, they could diminish the prestige and power of the general counsel within the organization. See Daly, supra note 5, at n. 275-77 and accompanying text. The Securities and Exchange Commission is actively studying whether the provision of audit and consulting services by the same Big Five firm to a client may in fact or appearance compromise auditor independence. See James E. Copeland, Jr., Accounting Ain't Broke, So Don't Fix It, Wall St. J., July 25, 2000, at A22; Michael Schroeder, SEC's Probe of MicroStrategy Focuses on Auditor-Independence Standards, Wall St. J., July 18, 2000, at A3; Michael Schroeder, Calls for Rules to Curb Consulting by Auditing Firms, Wall St. J., June 28, 2000, at C19; Michael Schroeder & Judith Burns, Levitt Seeks Rules to Curb Audit Firms' Conflicts, Wall St. J., May 10, 2000, at A2.
52. See Daly, supra note 5, at 263-81.
53. Fla. Bar Recommendation Statement 〈http://www.abanet.org/cpr/flbarrec.html〉 (visited July 31, 2000).
54. For the full text of the recommendations, a detailed description of the changes, and an explanation of the commission's rationale, see ABA Commission Report 2000, supra note 5.
55. The House adopted the recommendation proposed by the state bar associations of Illinois, New Jersey, New York, Florida, and Ohio and two local bar associations. That resolution essentially (1) confirmed the bar's commitment to the core values of the legal profession; (2) called upon state bar associations and "other entities" to reaffirm their commitment to enforcing vigorously their respective law governing lawyers; (3) urged each jurisdiction to reevaluate and refine the definition of the practice of law; (4) assigned the Standing Committee on Ethics and Professional Responsibility and the Commission on Evaluation of the Rules of Conduct to propose safeguards in the Model Rules to govern strategic alliances and other contractual relationships between law firms and nonlegal professional service providers; and (5) recommended to those jurisdictions that permit lawyers to own ancillary businesses with nonlawyers that neither the nonlawyer nor the nonlegal entity be allowed to own or control the practice of law by the lawyer or law firm or direct or regulate the professional judgment of the lawyer or law firm in rendering legal services. ABA Recommendation 10F-Revised (on file with author). The reference to the "law governing lawyers" in this context is clearly a euphemism for TJPL. Pearce had presciently anticipated the House's rejection. See Russell G. Pearce, Law Day 2050: Post-Professionalism, Moral Leadership, and the Law-as-Business Paradigm, 27 Fla. St. U. L. Rev. 9 (1999) [hereinafter Post-Professionalism]; Russell G. Pearce, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar, 70 N.Y.U. L. Rev. 1229 (1995). He believes, however, that the organized bar's hostility may actually lead to the assumption of greater ethical responsibility by lawyers and nonlawyers who will ultimately be allowed to work together in MDPs. Russell C. Pearce, A Cautionary Tale from the Multidisciplinary Practice Debate: How the Traditionalists Lost Professionalism, 72 Temp. L. Rev. 985 (1099) [hereinafter Cautionary Tale].
56. The House adopted the recommendation proposed by the state bar associations of Illinois, New Jersey, New York, Florida, and Ohio and two local bar associations. That resolution essentially (1) confirmed the bar's commitment to the core values of the legal profession; (2) called upon state bar associations and "other entities" to reaffirm their commitment to enforcing vigorously their respective law governing lawyers; (3) urged each jurisdiction to reevaluate and refine the definition of the practice of law; (4) assigned the Standing Committee on Ethics and Professional Responsibility and the Commission on Evaluation of the Rules of Conduct to propose safeguards in the Model Rules to govern strategic alliances and other contractual relationships between law firms and nonlegal professional service providers; and (5) recommended to those jurisdictions that permit lawyers to own ancillary businesses with nonlawyers that neither the nonlawyer nor the nonlegal entity be allowed to own or control the practice of law by the lawyer or law firm or direct or regulate the professional judgment of the lawyer or law firm in rendering legal services. ABA Recommendation 10F-Revised (on file with author). The reference to the "law governing lawyers" in this context is clearly a euphemism for TJPL. Pearce had presciently anticipated the House's rejection. See Russell G. Pearce, Law Day 2050: Post-Professionalism, Moral Leadership, and the Law-as-Business Paradigm, 27 Fla. St. U. L. Rev. 9 (1999) [hereinafter Post- Professionalism]; Russell G. Pearce, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar, 70 N.Y.U. L. Rev. 1229 (1995). He believes, however, that the organized bar's hostility may actually lead to the assumption of greater ethical responsibility by lawyers and nonlawyers who will ultimately be allowed to work together in MDPs. Russell C. Pearce, A Cautionary Tale from the Multidisciplinary Practice Debate: How the Traditionalists Lost Professionalism, 72 Temp. L. Rev. 985 (1099) [hereinafter Cautionary Tale].
57. The House adopted the recommendation proposed by the state bar associations of Illinois, New Jersey, New York, Florida, and Ohio and two local bar associations. That resolution essentially (1) confirmed the bar's commitment to the core values of the legal profession; (2) called upon state bar associations and "other entities" to reaffirm their commitment to enforcing vigorously their respective law governing lawyers; (3) urged each jurisdiction to reevaluate and refine the definition of the practice of law; (4) assigned the Standing Committee on Ethics and Professional Responsibility and the Commission on Evaluation of the Rules of Conduct to propose safeguards in the Model Rules to govern strategic alliances and other contractual relationships between law firms and nonlegal professional service providers; and (5) recommended to those jurisdictions that permit lawyers to own ancillary businesses with nonlawyers that neither the nonlawyer nor the nonlegal entity be allowed to own or control the practice of law by the lawyer or law firm or direct or regulate the professional judgment of the lawyer or law firm in rendering legal services. ABA Recommendation 10F-Revised (on file with author). The reference to the "law governing lawyers" in this context is clearly a euphemism for TJPL. Pearce had presciently anticipated the House's rejection. See Russell G. Pearce, Law Day 2050: Post-Professionalism, Moral Leadership, and the Law-as-Business Paradigm, 27 Fla. St. U. L. Rev. 9 (1999) [hereinafter Post- Professionalism]; Russell G. Pearce, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar, 70 N.Y.U. L. Rev. 1229 (1995). He believes, however, that the organized bar's hostility may actually lead to the assumption of greater ethical responsibility by lawyers and nonlawyers who will ultimately be allowed to work together in MDPs. Russell C. Pearce, A Cautionary Tale from the Multidisciplinary Practice Debate: How the Traditionalists Lost Professionalism, 72 Temp. L. Rev. 985 (1099) [hereinafter Cautionary Tale].
58. I am using the term in-house legal department in the broadest sense possible. My observations would equally apply to the many public interest organizations that employ both lawyers and nonlawyer professionals and ask for their integrated advice. They would also apply to public prosecutors' and defenders' offices in which the lawyers team up with, for example, social workers, accountants, forensic investigators, and jury consultants.
59. When the in-house legal department is used as a paradigm, the solicitousness of MDP opponents for the core values of the legal profession becomes highly suspect. In-house lawyers work regularly in teams with nonlawyers and deliver legal advice in the context of formulating a multidisciplinary plan to achieve a goal or solve a problem. The profession expects of them the same adherence to core values as it does of lawyers in law firms. There is no reason why the profession cannot have an identical expectation of adherence for lawyers in MDPs.
60. To appreciate the extent to which the delivery of legal services by MDPs alarms foreign bar associations, see Daly, supra note 5, at n.5 (identifying the numerous committees and task forces studying the issue outside the U.S. and, if known, their Web sites). For a description of the lobbying activities of the Paris bar, see id. n.74.
61. Id. at 227-34.
62. Jim Kelly & Robert Rice, PwC Plans to Build $1 Billion Global Law Firm Network: Five-Year Target to Be Among the World's Largest Legal Practices, Fin. Times (London), Jan. 7, 1997, at 24.
63. Jean Eaglesham, PwC Reorganises Network of Law Firms, Fin. Times (London), Oct. 11, 1999, at 4; Konstantin Richter, Managers & Managing: Pricewaterhouse Renames Legal Unit, Adopting Landwell as Brand, Wall St. J. Eur., Oct. 12, 1999, at 30 (available at 1999 WL-WSJE 27641212).
64. Jean Eaglesham, PwC Reorganises Network of Law Firms, Fin. Times (London), Oct. 11, 1999, at 4; Konstantin Richter, Managers & Managing: Pricewaterhouse Renames Legal Unit, Adopting Landwell as Brand, Wall St. J. Eur., Oct. 12, 1999, at 30 (available at 1999 WL-WSJE 27641212).
65. Arian Campo-Flores, King Arthur, Am. Law., Jan. 2000, at 17.
66. Sec Rosenberg, supra note 32.
67. See Ward Bower, Multidisciplinary Partnerships - The Future, in Global Law in Practice, ed J. Ross Harper, 155, 1588-60 (The Hague, 1997).
68. Daly, supra note 5, at 261-62; ABA Commission Report 2000, supra note 5, at 9-10.
69. Raymond Hennessey, IPO Outlook: KPMG Consulting Will Complete Separation with $ Billion IPO, Wall St. J., May 8, 2000, at C21. See also Elizabeth MacDonald, KPMG Draw Scrutiny with Investment by Cisco Systems in Consulting Unit. Wall St. J., Feb. 1, 2000, at All
70. Raymond Hennessey, IPO Outlook: KPMG Consulting Will Complete Separation with $ Billion IPO, Wall St. J., May 8, 2000, at C21. See also Elizabeth MacDonald, KPMG Draw Scrutiny with Investment by Cisco Systems in Consulting Unit. Wall St. J., Feb. 1, 2000, at All
71. Kevin J. Delaney & Elizabeth MacDonald, Ernst & Young to Sell Business to Cap Gemini, Wall St. J., Feb. 29. 2000, at C15;
72. John Tagliabue, Cap Gemini to Acquire Ernst & Young's Consulting Business, N.Y. Times. Mar. 1, 2000, at C1.
73. Elizabeth MacDonald & David Woodruff, Ernst & Young May Sell Unit to Cap Gemini, Wall St. J., Dec. 7, 1999, at A3. See also A. J. Noble, Ernst & Young Already Manages a "Captive" Law Firm in Toronto. Is This the Dawn of the Profession's Future? Am. Law., July 1999, at 51.
74. Elizabeth MacDonald & David Woodruff, Ernst & Young May Sell Unit to Cap Gemini, Wall St. J., Dec. 7, 1999, at A3. See also A. J. Noble, Ernst & Young Already Manages a "Captive" Law Firm in Toronto. Is This the Dawn of the Profession's Future? Am. Law., July 1999, at 51.
75. Elizabeth MacDonald, PricewaterhouseCoopers Nears Plans for Restructuring Involving Split or Sale. Wall St. J., Feb. 16, 2000, at C11. See also Elizabeth MacDonald, PricewaterhouseCoopers Will Divide into Two or More Parts, Under Pressure, Wall St. J., Feb. 18, 2000, at B8.
76. Elizabeth MacDonald, PricewaterhouseCoopers Nears Plans for Restructuring Involving Split or Sale. Wall St. J., Feb. 16, 2000, at C11. See also Elizabeth MacDonald, PricewaterhouseCoopers Will Divide into Two or More Parts, Under Pressure, Wall St. J., Feb. 18, 2000, at B8.
77. Elizabeth MacDonald, Accounting Firms Hire Lawyers and Other Attorneys Cry Foul, Wall St. J., Aug. 22, 1997, at B8.
78. See Daly, supra note 5, at n. 186 and accompanying text.
79. Anna Snider, Management Consultants Trolling for Law Graduates, N.Y.L.J., Apr. 30, 1999, at 1. See also David Leonhardt, Battle of the Graduate Schools: Law Gains Edge on Business, and No One Knows Why, N.Y. Times, July 5, 2000, at C1.
80. Anna Snider, Management Consultants Trolling for Law Graduates, N.Y.L.J., Apr. 30, 1999, at 1. See also David Leonhardt, Battle of the Graduate Schools: Law Gains Edge on Business, and No One Knows Why, N.Y. Times, July 5, 2000, at C1.
81. From time to time, they slip up, however. See Preserving the Core Values, supra note 23, at 174-75. See also Carol A. Needham, Permitting Lawyers to Participate in Multidisciplinary Practices: Business as Usual or the End of the Profession as We Know It? 84 Minn. L. Rev. 1325, 1335 n.37 (2000) (identifying Web sites maintained by three of the Big Five that refer to the "legal services" they offer.)
82. The likelihood of successfully charging any one of the Big Five with UPL in connection with its tax practice is virtually nil. Treasury Department regulations permit nonlawyers to practice before the Internal Revenue Service, and Tax Court rules permit nonlawyers to appear before the court on behalf of third parties. Both sides to the MDP debate generally agree that the Supremacy Clause prevents the states from enforcing UPL statutes against the accountants and lawyers who practice before the IRS and the Tax Court. See Sperry v. Florida, 373 U.S. 379 (1963); for an extensive analysis of the multiple issues relating to "the practice of tax," see Daly, supra note 5, at n. 147-84 and accompanying text.
83. See, e.g., Bruce Jenner, Remarks at the Panel Program, AALS 1909 Annual Meeting, Jan. 1999. (Bruce Jenner is a partner at an accounting firm who was formerly a partner at a law firm.) These activities include counseling clients on the legal aspects of mergers, acquisitions, spinoffs, employment practices, and estate planning.
84. See Daly, supra note 5, at n.205 & 180-84 and accompanying text.
85. For a fascinating article demonstrating that turf protection played a major role in adoption of Rule 5.4's predecessors, see Bruce A. Green, The Disciplinary Restrictions on Multidisciplinary Practice: Their Derivation, Their Development, and Some Implications for the Core Values Debate, 84 Minn. L. Rev. 1115 (2000). See also Geoffrey C. Hazard, Jr. & W. William Hodes, 2 The Law of Lawyering: A Handbook on the Model Rules of Professional Conduct, 2d ed., 5.4:102 (Englewood Cliffs, 1998); Wolfram, ABA and MDPs, supra note 20, at 1638-43.
86. For a fascinating article demonstrating that turf protection played a major role in adoption of Rule 5.4's predecessors, see Bruce A. Green, The Disciplinary Restrictions on Multidisciplinary Practice: Their Derivation, Their Development, and Some Implications for the Core Values Debate, 84 Minn. L. Rev. 1115 (2000). See also Geoffrey C. Hazard, Jr. & W. William Hodes, 2 The Law of Lawyering: A Handbook on the Model Rules of Professional Conduct, 2d ed., 5.4:102 (Englewood Cliffs, 1998); Wolfram, ABA and MDPs, supra note 20, at 1638-43.
87. National Association for Law Placement, Jobs & J.D.'s: Employment and Salaries of New Law Graduates - Class of 1999, at 9, 13 (2000) [hereinafter Class of 1999]. NALP also reported that "[m]embers of the Class of 1999 reported a wide range of jobs outside traditional private practice and government settings . . . ." Id. at 16. For a comprehensive listing of such jobs, see id.
88. Id. at 38. See also letter dated August 1999 from Abbie F. Willard to Sherwin P. Simmons, 〈http://www.abanet.org/cpr/willard3.html〉 (visited July 14, 2000); Abbie F. Willard, Written Testimony, 〈http://www.abanet.org/cpr/willard2.html〉 (visitedJuly 14, 2000); Abbie F. Willard, Written Remarks, 〈http://www.abanet.org/cpr/willard1.html〉 (visited July 14, 2000). Willard is the assistant dean of career services, Georgetown University Law Center, and a board member and past chair of the NALP Foundation on Research and Education.
89. Id. at 38. See also letter dated August 1999 from Abbie F. Willard to Sherwin P. Simmons, 〈http://www.abanet.org/cpr/willard3.html〉 (visited July 14, 2000); Abbie F. Willard, Written Testimony, 〈http://www.abanet.org/cpr/willard2.html〉 (visitedJuly 14, 2000); Abbie F. Willard, Written Remarks, 〈http://www.abanet.org/cpr/willard1.html〉 (visited July 14, 2000). Willard is the assistant dean of career services, Georgetown University Law Center, and a board member and past chair of the NALP Foundation on Research and Education.
90. Id. at 38. See also letter dated August 1999 from Abbie F. Willard to Sherwin P. Simmons, 〈http://www.abanet.org/cpr/willard3.html〉 (visited July 14, 2000); Abbie F. Willard, Written Testimony, 〈http://www.abanet.org/cpr/willard2.html〉 (visitedJuly 14, 2000); Abbie F. Willard, Written Remarks, 〈http://www.abanet.org/cpr/willard1.html〉 (visited July 14, 2000). Willard is the assistant dean of career services, Georgetown University Law Center, and a board member and past chair of the NALP Foundation on Research and Education.
91. Class of 1999, supra note 61, at 38. Prior NALP studies expressed similar observations, e.g., National Association for Law Placement, Class of 1997, Employment Report & Salary Survey 28 (1998).
92. Class of 1999, supra note 61, at 39 (quoting Donna Gerson, University of Pittsburgh School of Law). In the same vein, another career counselor observed: "There is more interest in dual degree graduates and use of a law degree in other areas, where a law degree coupled with prior experience is a plus." Id. at 12 (quoting Beverly Boone, University of Richmond School of Law).
93. Leonhardt, supra note 55.
94. Id. (quoting Trent R. Andersen, a vice president at Kaplan Inc., the test preparation company, who lectures prospective test takers about the career paths available to graduates of either J.D. or M.B.A. programs).
95. See David Rubenstein, How the Big Six Firms Are Practicing Law in Europe, Corp. Legal Times, Nov. 1997, at 1.
96. See Amy Singer, Numbers Too Big to Ignore, Am. Law., Mar. 1999, at 5 (pointedly observing that "Deloitte & Touche and Ernst &: Young were both ranked among the 100 best places to work in Working Mother magazine's latest annual rating or family-friendly companies. No law firm appeared on the roster.").
97. Mark Schauerte, Big Five Use Stock Options, Usable Hours to Woo Law Students, Chi. Law., Nov. 1999, at 20; Anna Snider, Taking a Look Inside the Big Five, N.Y.L.J., Sept. 7, 1999, at S11. Assuming an equity interest in clients is commonplace among Silicon Valley law firms. It is beginning to catch on in other parts of the country. E.g., Susan Beck, Another Day, Another $20 Million, Am. Law., May 2000, at 33; H. Otis Bilodeau, Tech Twins, Am. Law., Sept. 1999, at 74; Renee A. Deger, Stake Dinner, All the Fixings, Am. Law., Feb. 2000, at 28.
98. Mark Schauerte, Big Five Use Stock Options, Usable Hours to Woo Law Students, Chi. Law., Nov. 1999, at 20; Anna Snider, Taking a Look Inside the Big Five, N.Y.L.J., Sept. 7, 1999, at S11. Assuming an equity interest in clients is commonplace among Silicon Valley law firms. It is beginning to catch on in other parts of the country. E.g., Susan Beck, Another Day, Another $20 Million, Am. Law., May 2000, at 33; H. Otis Bilodeau, Tech Twins, Am. Law., Sept. 1999, at 74; Renee A. Deger, Stake Dinner, All the Fixings, Am. Law., Feb. 2000, at 28.
99. Mark Schauerte, Big Five Use Stock Options, Usable Hours to Woo Law Students, Chi. Law., Nov. 1999, at 20; Anna Snider, Taking a Look Inside the Big Five, N.Y.L.J., Sept. 7, 1999, at S11. Assuming an equity interest in clients is commonplace among Silicon Valley law firms. It is beginning to catch on in other parts of the country. E.g., Susan Beck, Another Day, Another $20 Million, Am. Law., May 2000, at 33; H. Otis Bilodeau, Tech Twins, Am. Law., Sept. 1999, at 74; Renee A. Deger, Stake Dinner, All the Fixings, Am. Law., Feb. 2000, at 28.
100. Mark Schauerte, Big Five Use Stock Options, Usable Hours to Woo Law Students, Chi. Law., Nov. 1999, at 20; Anna Snider, Taking a Look Inside the Big Five, N.Y.L.J., Sept. 7, 1999, at S11. Assuming an equity interest in clients is commonplace among Silicon Valley law firms. It is beginning to catch on in other parts of the country. E.g., Susan Beck, Another Day, Another $20 Million, Am. Law., May 2000, at 33; H. Otis Bilodeau, Tech Twins, Am. Law., Sept. 1999, at 74; Renee A. Deger, Stake Dinner, All the Fixings, Am. Law., Feb. 2000, at 28.
101. Mark Schauerte, Big Five Use Stock Options, Usable Hours to Woo Law Students, Chi. Law., Nov. 1999, at 20; Anna Snider, Taking a Look Inside the Big Five, N.Y.L.J., Sept. 7, 1999, at S11. Assuming an equity interest in clients is commonplace among Silicon Valley law firms. It is beginning to catch on in other parts of the country. E.g., Susan Beck, Another Day, Another $20 Million, Am. Law., May 2000, at 33; H. Otis Bilodeau, Tech Twins, Am. Law., Sept. 1999, at 74; Renee A. Deger, Stake Dinner, All the Fixings, Am. Law., Feb. 2000, at 28.
102. This is not an isolated trend. Generation Y's career path will also be less traditional. See Nelson Mui, Here Come the Kids: Gen Y Invades the Workplace, N.Y. Times, Feb. 4, 2001, §9, at 1. While I am arguing primarily for a new overarching multidisciplinary vision in legal education, I am not unmindful that a substantial readjustment of classroom methodologies will also be needed, both because of the nature of the additions to the curriculum and the intellectual habits of law school applicants. See Peter Sachs, Generation X Goes to College: An Eye-Opening Account of Teaching in Postmodern America (1996); U.S. Department of Education, Office of Educational Research and Improvement, New Learning Strategies for Generation X (1997). See Rodney O. Fong, Adopting Academic Support to the MTV Generation X Learners 1 (1998) (on file with author). Fong's materials were distributed at a program sponsored by the Law School Admissions Council in 1998 and again at the 1999 AALS annual meeting. Generation Y's career path will also be different. See Mui, supra.
103. This is not an isolated trend. Generation Y's career path will also be less traditional. See Nelson Mui, Here Come the Kids: Gen Y Invades the Workplace, N.Y. Times, Feb. 4, 2001, §9, at 1. While I am arguing primarily for a new overarching multidisciplinary vision in legal education, I am not unmindful that a substantial readjustment of classroom methodologies will also be needed, both because of the nature of the additions to the curriculum and the intellectual habits of law school applicants. See Peter Sachs, Generation X Goes to College: An Eye-Opening Account of Teaching in Postmodern America (1996); U.S. Department of Education, Office of Educational Research and Improvement, New Learning Strategies for Generation X (1997). See Rodney O. Fong, Adopting Academic Support to the MTV Generation X Learners 1 (1998) (on file with author). Fong's materials were distributed at a program sponsored by the Law School Admissions Council in 1998 and again at the 1999 AALS annual meeting. Generation Y's career path will also be different. See Mui, supra.
104. This is not an isolated trend. Generation Y's career path will also be less traditional. See Nelson Mui, Here Come the Kids: Gen Y Invades the Workplace, N.Y. Times, Feb. 4, 2001, §9, at 1. While I am arguing primarily for a new overarching multidisciplinary vision in legal education, I am not unmindful that a substantial readjustment of classroom methodologies will also be needed, both because of the nature of the additions to the curriculum and the intellectual habits of law school applicants. See Peter Sachs, Generation X Goes to College: An Eye-Opening Account of Teaching in Postmodern America (1996); U.S. Department of Education, Office of Educational Research and Improvement, New Learning Strategies for Generation X (1997). See Rodney O. Fong, Adopting Academic Support to the MTV Generation X Learners 1 (1998) (on file with author). Fong's materials were distributed at a program sponsored by the Law School Admissions Council in 1998 and again at the 1999 AALS annual meeting. Generation Y's career path will also be different. See Mui, supra.
105. This is not an isolated trend. Generation Y's career path will also be less traditional. See Nelson Mui, Here Come the Kids: Gen Y Invades the Workplace, N.Y. Times, Feb. 4, 2001, §9, at 1. While I am arguing primarily for a new overarching multidisciplinary vision in legal education, I am not unmindful that a substantial readjustment of classroom methodologies will also be needed, both because of the nature of the additions to the curriculum and the intellectual habits of law school applicants. See Peter Sachs, Generation X Goes to College: An Eye-Opening Account of Teaching in Postmodern America (1996); U.S. Department of Education, Office of Educational Research and Improvement, New Learning Strategies for Generation X (1997). See Rodney O. Fong, Adopting Academic Support to the MTV Generation X Learners 1 (1998) (on file with author). Fong's materials were distributed at a program sponsored by the Law School Admissions Council in 1998 and again at the 1999 AALS annual meeting. Generation Y's career path will also be different. See Mui, supra.
106. Abbie F. Willard, Written Testimony, 〈http://www.abanet.org/cpr/willard2.html〉 (visited July 14, 2000). See also Singer, supra note 68.
107. I have commented elsewhere on the well-known attraction of lawyers with entrepreneurial skills and ambitions to in-house legal positions. See Mary C. Daly, The Cultural, Ethical, and Legal Challenges in Lawyering for a Global Organization: The Role of the General Counsel, 46 Emory L.J. 1057 (1997).
108. Model Rules of Professional Conduct Preamble (1999). But see Pearce, Cautionary Tale, supra note 38.
109. In commenting upon an upsurge in the applications to law schools and a decline in the applications to business schools, one observer noted that both schools "draw from the same pool: ambitious young adults who have decided against careers in specialties like medicine and engineering and opted instead for degrees that can be passports to wealth and success in just about any business field." Leonhardt, supra note 55.
110. Empirical support for the proposition that the lawyer-consultants do not participate in bar association activities or pro bono activities is nonexistent. There is, however, a wealth of anecdotal support. The only exception of which I am aware is the participation of the lawyer-consultants employed by the Big Five in the ABA Tax Section. I would not be surprised to learn that they are active members of other tax-related bar groups as well.
111. Daly, supra note 5, at n.112-13.
112. Michael D. Goldhaber, As ABA Debates, MDPs Are Spreading: National Law Journal Survey Finds Lots of Firms Already Have Ancillary Businesses, Nat'l L.J., July 10, 2000, at A1.
113. Id. As the article suggests, it is not always clear just how organizationally separate from the law firms these businesses arc. Some are described as "mixed practices," i.e., law firm subsidiaries over which the lawyers exercise control.
114. For a fascinating snapshot of these ancillary businesses, see Lowell J. Noteboom, Professions in Convergence: Taking the Next Step, 84 Minn. L. Rev. 1359, 1364-74 (2000). They provide services in areas such as technology consulting, entertainment and sports, government relations/lobbying, real estate, and economic consulting. It would be a serious mistake, however, to conclude that ancillary businesses are primarily the preserve of huge firms in urban centers. Lawyers in small communities have operated ancillary businesses such as accounting, title insurance, and real estate companies for a considerable period of time. See Daly, supra note 5, at n. 109-22 and accompanying text.
115. Rule 5.7 defines "law-related services" as "services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, and that are not prohibited as unauthorized practice of law when provided by a nonlawyer."
116. See Preserving the Core Values, supra note 23, at 101. The New York State Bar Association played a powerful leadership role in defeating the commission's August 2000 recommendation and was a major sponsor of Recommendation 10F-Revised.
117. See generally ABA Commission Report 2000, supra note 5, at Appendix 5-6; Geanne Rosenberg, Ernst & Young First to Take MDP Plunge; Will It Stand Up over Time? Nat'l L.J., June 26, 2000, at B9.
118. Tom Herman, Ernst & Young Will Finance Launch of Law Firm in Special Arrangement, Wall St. J., Nov. 3, 1999, at B10. Ernst & Young has entered into a similar arrangement with a prominent Canadian law firm. See Noble, supra note 51.
119. Siobhan Roth, Inside the Ernst and Young Deal: Law Firm Is Launched with Big 5 Loan; Lawyers Say They Remain Independent, Legal Times, Nov. 8, 1999, at 1; Siobhan Roth, Runaway Taxes, Legal Times, Jan. 17, 2000, at 4.
120. Siobhan Roth, Inside the Ernst and Young Deal: Law Firm Is Launched with Big 5 Loan; Lawyers Say They Remain Independent, Legal Times, Nov. 8, 1999, at 1; Siobhan Roth, Runaway Taxes, Legal Times, Jan. 17, 2000, at 4.
121. Paul Biest & Linda Hamilton Krieger, Lawyers as Problem Solvers, 72 Temple I.. Rev. 811 (1999); Paul Brest & Linda Krieger, On Teaching Professional Judgment, 69 Wash. L. Rev. 527 (1994). See generally Paul Brest & Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment (forthcoming). Many voices, both within and outside the legal academy, have acknowledged the centrality of problem-solving to the work that lawyers do and urged curricular reform. Carrie Menkel-Meadow has played a pioneering role in examining problem-solving in the context of alternative dispute resolution. E.g., Carrie Menkel-Meadow, When Winning Isn't Everything: The Lawyer as Problem Solver, 28 Hofstra L. Rev. 905 (2000); Carrie Menkel-Meadow, The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering, 72 Temp. L. Rev. 785 (1999); Carrie Menkel-Meadow, Toward Another View of Negotiation: The Structure of Problem Solving, 31 UCLA L. Rev. 754 (1984). This article cannot even begin to do justice to the rich literature analyzing the multifaceted dimensions of problem-solving. E.g., Robert Mnookin et al., Beyond Winning: Negotiation to Create Value in Deals and Disputes (Cambridge, Mass., 2000); Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, 34 Cal. West. L. Rev. 351 (1998); Alan M. Lerner, Law and Lawyering in the Workplace: Building Better Lawyers by Teaching Students to Exercise Critical Judgment as Creative Problem Solvers, 32 Akron L. Rev. 107 (1999); Linda Morton, Teaching Creative Problem Solving: A Paradigmatic Approach, 34 Cal. Western L. Rev. 375 (1998); Roy T. Stuckey, Education for the Practice of Law: The Times They Are A-Changin', 75 Neb. L. Rev. 648 (1996); Susan P. Sturm, From Gladiators to Problem-Solvers: Connecting Conversations Abut Women, the Academy and the Legal Profession, 4 Duke J. Gender, L. & Pol'y 119 (1997); Ian Weinstein, Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving, 23 Vt. L. Rev. 1 (1998). For a comprehensive overview, see CPR Problem Solving and Legal Education Project (CPR Institute for Dispute Resolution, New York, N.Y.), Apr. 7-8, 2000; The Lawyer as Creative Problem Solver (ABA Section of Legal Education and Admissions to the Bar, Chicago, Ill.), Feb. 24-26, 2000.
122. Paul Biest & Linda Hamilton Krieger, Lawyers as Problem Solvers, 72 Temple I.. Rev. 811 (1999); Paul Brest & Linda Krieger, On Teaching Professional Judgment, 69 Wash. L. Rev. 527 (1994). See generally Paul Brest & Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment (forthcoming). Many voices, both within and outside the legal academy, have acknowledged the centrality of problem-solving to the work that lawyers do and urged curricular reform. Carrie Menkel-Meadow has played a pioneering role in examining problem-solving in the context of alternative dispute resolution. E.g., Carrie Menkel-Meadow, When Winning Isn't Everything: The Lawyer as Problem Solver, 28 Hofstra L. Rev. 905 (2000); Carrie Menkel-Meadow, The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering, 72 Temp. L. Rev. 785 (1999); Carrie Menkel-Meadow, Toward Another View of Negotiation: The Structure of Problem Solving, 31 UCLA L. Rev. 754 (1984). This article cannot even begin to do justice to the rich literature analyzing the multifaceted dimensions of problem-solving. E.g., Robert Mnookin et al., Beyond Winning: Negotiation to Create Value in Deals and Disputes (Cambridge, Mass., 2000); Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, 34 Cal. West. L. Rev. 351 (1998); Alan M. Lerner, Law and Lawyering in the Workplace: Building Better Lawyers by Teaching Students to Exercise Critical Judgment as Creative Problem Solvers, 32 Akron L. Rev. 107 (1999); Linda Morton, Teaching Creative Problem Solving: A Paradigmatic Approach, 34 Cal. Western L. Rev. 375 (1998); Roy T. Stuckey, Education for the Practice of Law: The Times They Are A-Changin', 75 Neb. L. Rev. 648 (1996); Susan P. Sturm, From Gladiators to Problem-Solvers: Connecting Conversations Abut Women, the Academy and the Legal Profession, 4 Duke J. Gender, L. & Pol'y 119 (1997); Ian Weinstein, Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving, 23 Vt. L. Rev. 1 (1998). For a comprehensive overview, see CPR Problem Solving and Legal Education Project (CPR Institute for Dispute Resolution, New York, N.Y.), Apr. 7-8, 2000; The Lawyer as Creative Problem Solver (ABA Section of Legal Education and Admissions to the Bar, Chicago, Ill.), Feb. 24-26, 2000.
123. Paul Biest & Linda Hamilton Krieger, Lawyers as Problem Solvers, 72 Temple I.. Rev. 811 (1999); Paul Brest & Linda Krieger, On Teaching Professional Judgment, 69 Wash. L. Rev. 527 (1994). See generally Paul Brest & Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment (forthcoming). Many voices, both within and outside the legal academy, have acknowledged the centrality of problem-solving to the work that lawyers do and urged curricular reform. Carrie Menkel-Meadow has played a pioneering role in examining problem-solving in the context of alternative dispute resolution. E.g., Carrie Menkel-Meadow, When Winning Isn't Everything: The Lawyer as Problem Solver, 28 Hofstra L. Rev. 905 (2000); Carrie Menkel-Meadow, The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering, 72 Temp. L. Rev. 785 (1999); Carrie Menkel-Meadow, Toward Another View of Negotiation: The Structure of Problem Solving, 31 UCLA L. Rev. 754 (1984). This article cannot even begin to do justice to the rich literature analyzing the multifaceted dimensions of problem-solving. E.g., Robert Mnookin et al., Beyond Winning: Negotiation to Create Value in Deals and Disputes (Cambridge, Mass., 2000); Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, 34 Cal. West. L. Rev. 351 (1998); Alan M. Lerner, Law and Lawyering in the Workplace: Building Better Lawyers by Teaching Students to Exercise Critical Judgment as Creative Problem Solvers, 32 Akron L. Rev. 107 (1999); Linda Morton, Teaching Creative Problem Solving: A Paradigmatic Approach, 34 Cal. Western L. Rev. 375 (1998); Roy T. Stuckey, Education for the Practice of Law: The Times They Are A-Changin', 75 Neb. L. Rev. 648 (1996); Susan P. Sturm, From Gladiators to Problem-Solvers: Connecting Conversations Abut Women, the Academy and the Legal Profession, 4 Duke J. Gender, L. & Pol'y 119 (1997); Ian Weinstein, Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving, 23 Vt. L. Rev. 1 (1998). For a comprehensive overview, see CPR Problem Solving and Legal Education Project (CPR Institute for Dispute Resolution, New York, N.Y.), Apr. 7-8, 2000; The Lawyer as Creative Problem Solver (ABA Section of Legal Education and Admissions to the Bar, Chicago, Ill.), Feb. 24-26, 2000.
124. Paul Biest & Linda Hamilton Krieger, Lawyers as Problem Solvers, 72 Temple I.. Rev. 811 (1999); Paul Brest & Linda Krieger, On Teaching Professional Judgment, 69 Wash. L. Rev. 527 (1994). See generally Paul Brest & Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment (forthcoming). Many voices, both within and outside the legal academy, have acknowledged the centrality of problem-solving to the work that lawyers do and urged curricular reform. Carrie Menkel-Meadow has played a pioneering role in examining problem-solving in the context of alternative dispute resolution. E.g., Carrie Menkel-Meadow, When Winning Isn't Everything: The Lawyer as Problem Solver, 28 Hofstra L. Rev. 905 (2000); Carrie Menkel-Meadow, The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering, 72 Temp. L. Rev. 785 (1999); Carrie Menkel-Meadow, Toward Another View of Negotiation: The Structure of Problem Solving, 31 UCLA L. Rev. 754 (1984). This article cannot even begin to do justice to the rich literature analyzing the multifaceted dimensions of problem-solving. E.g., Robert Mnookin et al., Beyond Winning: Negotiation to Create Value in Deals and Disputes (Cambridge, Mass., 2000); Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, 34 Cal. West. L. Rev. 351 (1998); Alan M. Lerner, Law and Lawyering in the Workplace: Building Better Lawyers by Teaching Students to Exercise Critical Judgment as Creative Problem Solvers, 32 Akron L. Rev. 107 (1999); Linda Morton, Teaching Creative Problem Solving: A Paradigmatic Approach, 34 Cal. Western L. Rev. 375 (1998); Roy T. Stuckey, Education for the Practice of Law: The Times They Are A-Changin', 75 Neb. L. Rev. 648 (1996); Susan P. Sturm, From Gladiators to Problem-Solvers: Connecting Conversations Abut Women, the Academy and the Legal Profession, 4 Duke J. Gender, L. & Pol'y 119 (1997); Ian Weinstein, Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving, 23 Vt. L. Rev. 1 (1998). For a comprehensive overview, see CPR Problem Solving and Legal Education Project (CPR Institute for Dispute Resolution, New York, N.Y.), Apr. 7-8, 2000; The Lawyer as Creative Problem Solver (ABA Section of Legal Education and Admissions to the Bar, Chicago, Ill.), Feb. 24-26, 2000.
125. Paul Biest & Linda Hamilton Krieger, Lawyers as Problem Solvers, 72 Temple I.. Rev. 811 (1999); Paul Brest & Linda Krieger, On Teaching Professional Judgment, 69 Wash. L. Rev. 527 (1994). See generally Paul Brest & Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment (forthcoming). Many voices, both within and outside the legal academy, have acknowledged the centrality of problem-solving to the work that lawyers do and urged curricular reform. Carrie Menkel-Meadow has played a pioneering role in examining problem-solving in the context of alternative dispute resolution. E.g., Carrie Menkel-Meadow, When Winning Isn't Everything: The Lawyer as Problem Solver, 28 Hofstra L. Rev. 905 (2000); Carrie Menkel-Meadow, The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering, 72 Temp. L. Rev. 785 (1999); Carrie Menkel-Meadow, Toward Another View of Negotiation: The Structure of Problem Solving, 31 UCLA L. Rev. 754 (1984). This article cannot even begin to do justice to the rich literature analyzing the multifaceted dimensions of problem-solving. E.g., Robert Mnookin et al., Beyond Winning: Negotiation to Create Value in Deals and Disputes (Cambridge, Mass., 2000); Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, 34 Cal. West. L. Rev. 351 (1998); Alan M. Lerner, Law and Lawyering in the Workplace: Building Better Lawyers by Teaching Students to Exercise Critical Judgment as Creative Problem Solvers, 32 Akron L. Rev. 107 (1999); Linda Morton, Teaching Creative Problem Solving: A Paradigmatic Approach, 34 Cal. Western L. Rev. 375 (1998); Roy T. Stuckey, Education for the Practice of Law: The Times They Are A-Changin', 75 Neb. L. Rev. 648 (1996); Susan P. Sturm, From Gladiators to Problem-Solvers: Connecting Conversations Abut Women, the Academy and the Legal Profession, 4 Duke J. Gender, L. & Pol'y 119 (1997); Ian Weinstein, Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving, 23 Vt. L. Rev. 1 (1998). For a comprehensive overview, see CPR Problem Solving and Legal Education Project (CPR Institute for Dispute Resolution, New York, N.Y.), Apr. 7-8, 2000; The Lawyer as Creative Problem Solver (ABA Section of Legal Education and Admissions to the Bar, Chicago, Ill.), Feb. 24-26, 2000.
126. Paul Biest & Linda Hamilton Krieger, Lawyers as Problem Solvers, 72 Temple I.. Rev. 811 (1999); Paul Brest & Linda Krieger, On Teaching Professional Judgment, 69 Wash. L. Rev. 527 (1994). See generally Paul Brest & Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment (forthcoming). Many voices, both within and outside the legal academy, have acknowledged the centrality of problem-solving to the work that lawyers do and urged curricular reform. Carrie Menkel-Meadow has played a pioneering role in examining problem-solving in the context of alternative dispute resolution. E.g., Carrie Menkel-Meadow, When Winning Isn't Everything: The Lawyer as Problem Solver, 28 Hofstra L. Rev. 905 (2000); Carrie Menkel-Meadow, The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering, 72 Temp. L. Rev. 785 (1999); Carrie Menkel-Meadow, Toward Another View of Negotiation: The Structure of Problem Solving, 31 UCLA L. Rev. 754 (1984). This article cannot even begin to do justice to the rich literature analyzing the multifaceted dimensions of problem-solving. E.g., Robert Mnookin et al., Beyond Winning: Negotiation to Create Value in Deals and Disputes (Cambridge, Mass., 2000); Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, 34 Cal. West. L. Rev. 351 (1998); Alan M. Lerner, Law and Lawyering in the Workplace: Building Better Lawyers by Teaching Students to Exercise Critical Judgment as Creative Problem Solvers, 32 Akron L. Rev. 107 (1999); Linda Morton, Teaching Creative Problem Solving: A Paradigmatic Approach, 34 Cal. Western L. Rev. 375 (1998); Roy T. Stuckey, Education for the Practice of Law: The Times They Are A-Changin', 75 Neb. L. Rev. 648 (1996); Susan P. Sturm, From Gladiators to Problem-Solvers: Connecting Conversations Abut Women, the Academy and the Legal Profession, 4 Duke J. Gender, L. & Pol'y 119 (1997); Ian Weinstein, Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving, 23 Vt. L. Rev. 1 (1998). For a comprehensive overview, see CPR Problem Solving and Legal Education Project (CPR Institute for Dispute Resolution, New York, N.Y.), Apr. 7-8, 2000; The Lawyer as Creative Problem Solver (ABA Section of Legal Education and Admissions to the Bar, Chicago, Ill.), Feb. 24-26, 2000.
127. Paul Biest & Linda Hamilton Krieger, Lawyers as Problem Solvers, 72 Temple I.. Rev. 811 (1999); Paul Brest & Linda Krieger, On Teaching Professional Judgment, 69 Wash. L. Rev. 527 (1994). See generally Paul Brest & Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment (forthcoming). Many voices, both within and outside the legal academy, have acknowledged the centrality of problem-solving to the work that lawyers do and urged curricular reform. Carrie Menkel-Meadow has played a pioneering role in examining problem-solving in the context of alternative dispute resolution. E.g., Carrie Menkel-Meadow, When Winning Isn't Everything: The Lawyer as Problem Solver, 28 Hofstra L. Rev. 905 (2000); Carrie Menkel-Meadow, The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering, 72 Temp. L. Rev. 785 (1999); Carrie Menkel-Meadow, Toward Another View of Negotiation: The Structure of Problem Solving, 31 UCLA L. Rev. 754 (1984). This article cannot even begin to do justice to the rich literature analyzing the multifaceted dimensions of problem-solving. E.g., Robert Mnookin et al., Beyond Winning: Negotiation to Create Value in Deals and Disputes (Cambridge, Mass., 2000); Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, 34 Cal. West. L. Rev. 351 (1998); Alan M. Lerner, Law and Lawyering in the Workplace: Building Better Lawyers by Teaching Students to Exercise Critical Judgment as Creative Problem Solvers, 32 Akron L. Rev. 107 (1999); Linda Morton, Teaching Creative Problem Solving: A Paradigmatic Approach, 34 Cal. Western L. Rev. 375 (1998); Roy T. Stuckey, Education for the Practice of Law: The Times They Are A-Changin', 75 Neb. L. Rev. 648 (1996); Susan P. Sturm, From Gladiators to Problem-Solvers: Connecting Conversations Abut Women, the Academy and the Legal Profession, 4 Duke J. Gender, L. & Pol'y 119 (1997); Ian Weinstein, Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving, 23 Vt. L. Rev. 1 (1998). For a comprehensive overview, see CPR Problem Solving and Legal Education Project (CPR Institute for Dispute Resolution, New York, N.Y.), Apr. 7-8, 2000; The Lawyer as Creative Problem Solver (ABA Section of Legal Education and Admissions to the Bar, Chicago, Ill.), Feb. 24-26, 2000.
128. Paul Biest & Linda Hamilton Krieger, Lawyers as Problem Solvers, 72 Temple I.. Rev. 811 (1999); Paul Brest & Linda Krieger, On Teaching Professional Judgment, 69 Wash. L. Rev. 527 (1994). See generally Paul Brest & Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment (forthcoming). Many voices, both within and outside the legal academy, have acknowledged the centrality of problem-solving to the work that lawyers do and urged curricular reform. Carrie Menkel-Meadow has played a pioneering role in examining problem-solving in the context of alternative dispute resolution. E.g., Carrie Menkel-Meadow, When Winning Isn't Everything: The Lawyer as Problem Solver, 28 Hofstra L. Rev. 905 (2000); Carrie Menkel-Meadow, The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering, 72 Temp. L. Rev. 785 (1999); Carrie Menkel-Meadow, Toward Another View of Negotiation: The Structure of Problem Solving, 31 UCLA L. Rev. 754 (1984). This article cannot even begin to do justice to the rich literature analyzing the multifaceted dimensions of problem-solving. E.g., Robert Mnookin et al., Beyond Winning: Negotiation to Create Value in Deals and Disputes (Cambridge, Mass., 2000); Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, 34 Cal. West. L. Rev. 351 (1998); Alan M. Lerner, Law and Lawyering in the Workplace: Building Better Lawyers by Teaching Students to Exercise Critical Judgment as Creative Problem Solvers, 32 Akron L. Rev. 107 (1999); Linda Morton, Teaching Creative Problem Solving: A Paradigmatic Approach, 34 Cal. Western L. Rev. 375 (1998); Roy T. Stuckey, Education for the Practice of Law: The Times They Are A-Changin', 75 Neb. L. Rev. 648 (1996); Susan P. Sturm, From Gladiators to Problem-Solvers: Connecting Conversations Abut Women, the Academy and the Legal Profession, 4 Duke J. Gender, L. & Pol'y 119 (1997); Ian Weinstein, Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving, 23 Vt. L. Rev. 1 (1998). For a comprehensive overview, see CPR Problem Solving and Legal Education Project (CPR Institute for Dispute Resolution, New York, N.Y.), Apr. 7-8, 2000; The Lawyer as Creative Problem Solver (ABA Section of Legal Education and Admissions to the Bar, Chicago, Ill.), Feb. 24-26, 2000.
129. Paul Biest & Linda Hamilton Krieger, Lawyers as Problem Solvers, 72 Temple I.. Rev. 811 (1999); Paul Brest & Linda Krieger, On Teaching Professional Judgment, 69 Wash. L. Rev. 527 (1994). See generally Paul Brest & Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment (forthcoming). Many voices, both within and outside the legal academy, have acknowledged the centrality of problem-solving to the work that lawyers do and urged curricular reform. Carrie Menkel-Meadow has played a pioneering role in examining problem-solving in the context of alternative dispute resolution. E.g., Carrie Menkel-Meadow, When Winning Isn't Everything: The Lawyer as Problem Solver, 28 Hofstra L. Rev. 905 (2000); Carrie Menkel-Meadow, The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering, 72 Temp. L. Rev. 785 (1999); Carrie Menkel-Meadow, Toward Another View of Negotiation: The Structure of Problem Solving, 31 UCLA L. Rev. 754 (1984). This article cannot even begin to do justice to the rich literature analyzing the multifaceted dimensions of problem-solving. E.g., Robert Mnookin et al., Beyond Winning: Negotiation to Create Value in Deals and Disputes (Cambridge, Mass., 2000); Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, 34 Cal. West. L. Rev. 351 (1998); Alan M. Lerner, Law and Lawyering in the Workplace: Building Better Lawyers by Teaching Students to Exercise Critical Judgment as Creative Problem Solvers, 32 Akron L. Rev. 107 (1999); Linda Morton, Teaching Creative Problem Solving: A Paradigmatic Approach, 34 Cal. Western L. Rev. 375 (1998); Roy T. Stuckey, Education for the Practice of Law: The Times They Are A-Changin', 75 Neb. L. Rev. 648 (1996); Susan P. Sturm, From Gladiators to Problem-Solvers: Connecting Conversations Abut Women, the Academy and the Legal Profession, 4 Duke J. Gender, L. & Pol'y 119 (1997); Ian Weinstein, Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving, 23 Vt. L. Rev. 1 (1998). For a comprehensive overview, see CPR Problem Solving and Legal Education Project (CPR Institute for Dispute Resolution, New York, N.Y.), Apr. 7-8, 2000; The Lawyer as Creative Problem Solver (ABA Section of Legal Education and Admissions to the Bar, Chicago, Ill.), Feb. 24-26, 2000.
130. Paul Biest & Linda Hamilton Krieger, Lawyers as Problem Solvers, 72 Temple I.. Rev. 811 (1999); Paul Brest & Linda Krieger, On Teaching Professional Judgment, 69 Wash. L. Rev. 527 (1994). See generally Paul Brest & Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment (forthcoming). Many voices, both within and outside the legal academy, have acknowledged the centrality of problem-solving to the work that lawyers do and urged curricular reform. Carrie Menkel-Meadow has played a pioneering role in examining problem-solving in the context of alternative dispute resolution. E.g., Carrie Menkel-Meadow, When Winning Isn't Everything: The Lawyer as Problem Solver, 28 Hofstra L. Rev. 905 (2000); Carrie Menkel-Meadow, The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering, 72 Temp. L. Rev. 785 (1999); Carrie Menkel-Meadow, Toward Another View of Negotiation: The Structure of Problem Solving, 31 UCLA L. Rev. 754 (1984). This article cannot even begin to do justice to the rich literature analyzing the multifaceted dimensions of problem-solving. E.g., Robert Mnookin et al., Beyond Winning: Negotiation to Create Value in Deals and Disputes (Cambridge, Mass., 2000); Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, 34 Cal. West. L. Rev. 351 (1998); Alan M. Lerner, Law and Lawyering in the Workplace: Building Better Lawyers by Teaching Students to Exercise Critical Judgment as Creative Problem Solvers, 32 Akron L. Rev. 107 (1999); Linda Morton, Teaching Creative Problem Solving: A Paradigmatic Approach, 34 Cal. Western L. Rev. 375 (1998); Roy T. Stuckey, Education for the Practice of Law: The Times They Are A-Changin', 75 Neb. L. Rev. 648 (1996); Susan P. Sturm, From Gladiators to Problem-Solvers: Connecting Conversations Abut Women, the Academy and the Legal Profession, 4 Duke J. Gender, L. & Pol'y 119 (1997); Ian Weinstein, Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving, 23 Vt. L. Rev. 1 (1998). For a comprehensive overview, see CPR Problem Solving and Legal Education Project (CPR Institute for Dispute Resolution, New York, N.Y.), Apr. 7-8, 2000; The Lawyer as Creative Problem Solver (ABA Section of Legal Education and Admissions to the Bar, Chicago, Ill.), Feb. 24-26, 2000.
131. Paul Biest & Linda Hamilton Krieger, Lawyers as Problem Solvers, 72 Temple I.. Rev. 811 (1999); Paul Brest & Linda Krieger, On Teaching Professional Judgment, 69 Wash. L. Rev. 527 (1994). See generally Paul Brest & Linda Hamilton Krieger, Problem Solving, Decision Making, and Professional Judgment (forthcoming). Many voices, both within and outside the legal academy, have acknowledged the centrality of problem-solving to the work that lawyers do and urged curricular reform. Carrie Menkel-Meadow has played a pioneering role in examining problem-solving in the context of alternative dispute resolution. E.g., Carrie Menkel-Meadow, When Winning Isn't Everything: The Lawyer as Problem Solver, 28 Hofstra L. Rev. 905 (2000); Carrie Menkel-Meadow, The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering, 72 Temp. L. Rev. 785 (1999); Carrie Menkel-Meadow, Toward Another View of Negotiation: The Structure of Problem Solving, 31 UCLA L. Rev. 754 (1984). This article cannot even begin to do justice to the rich literature analyzing the multifaceted dimensions of problem-solving. E.g., Robert Mnookin et al., Beyond Winning: Negotiation to Create Value in Deals and Disputes (Cambridge, Mass., 2000); Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, 34 Cal. West. L. Rev. 351 (1998); Alan M. Lerner, Law and Lawyering in the Workplace: Building Better Lawyers by Teaching Students to Exercise Critical Judgment as Creative Problem Solvers, 32 Akron L. Rev. 107 (1999); Linda Morton, Teaching Creative Problem Solving: A Paradigmatic Approach, 34 Cal. Western L. Rev. 375 (1998); Roy T. Stuckey, Education for the Practice of Law: The Times They Are A-Changin', 75 Neb. L. Rev. 648 (1996); Susan P. Sturm, From Gladiators to Problem-Solvers: Connecting Conversations Abut Women, the Academy and the Legal Profession, 4 Duke J. Gender, L. & Pol'y 119 (1997); Ian Weinstein, Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving, 23 Vt. L. Rev. 1 (1998). For a comprehensive overview, see CPR Problem Solving and Legal Education Project (CPR Institute for Dispute Resolution, New York, N.Y.), Apr. 7-8, 2000; The Lawyer as Creative Problem Solver (ABA Section of Legal Education and Admissions to the Bar, Chicago, Ill.), Feb. 24-26, 2000.
132. Lawyers as Problem Solvers, supra note 85, at 812.
133. Economic Reality Facing 21st Century Lawyers, 69 Wash. L. Rev. 625, 634 (1994) Janet Reno forcefully made the same point in a keynote speech at the 1999 annual meeting of the AALS. Janet Reno, Lawyers as Problem-Solvers, 49 J. Legal Educ. 5 (1999). See also Carrie Menkel- Meadow, Taking Problem-Solving Pedagogy Seriously: A Response to the Attorney General, 49 J. Legal Educ. 14 (1999).
134. Economic Reality Facing 21st Century Lawyers, 69 Wash. L. Rev. 625, 634 (1994) Janet Reno forcefully made the same point in a keynote speech at the 1999 annual meeting of the AALS. Janet Reno, Lawyers as Problem-Solvers, 49 J. Legal Educ. 5 (1999). See also Carrie Menkel- Meadow, Taking Problem-Solving Pedagogy Seriously: A Response to the Attorney General, 49 J. Legal Educ. 14 (1999).
135. Economic Reality Facing 21st Century Lawyers, 69 Wash. L. Rev. 625, 634 (1994) Janet Reno forcefully made the same point in a keynote speech at the 1999 annual meeting of the AALS. Janet Reno, Lawyers as Problem-Solvers, 49 J. Legal Educ. 5 (1999). See also Carrie Menkel-Meadow, Taking Problem-Solving Pedagogy Seriously: A Response to the Attorney General, 49 J. Legal Educ. 14 (1999).
136. This article addresses the need for curricular reform at the level of J.D. instruction. Its arguments are equally, if not more, valid for LL.M. instruction. I am firmly convinced, moreover, that the professional obligations of law school teachers do not end with the students' graduation. Law schools should make problem-solving instruction available throughout their graduates' careers. In many states, law schools and individual faculty members play an important role in the regulation and/ or delivery of continuing legal education programs. These schools and teachers should exercise their influence to make problem-solving an integral part of all CLE courses. Problem-solving skills are so essential to the efficient delivery of legal services that law schools should consider establishing programs modeled on the executive M.B.A. programs offered by business schools. These law school programs would emphasize the skills in the broader context of specific, practice areas, such as litigation and corporate, real estate, and trusts and estates law.
137. Thinking About the Training of Lawyers in the Next Millennium (on file with author). Sexton delivered the speech as part of a presidential showcase program at the ABA 2000 annual meeting. The speech has been described by knowledgeable commentators as "seminal" and compared to the MacCrate Report. It prompted the chair of the ABA Section of Legal Education and Admissions to the Bar to establish the "Out-of-Box" Committee to encourage unconventional and provocative thinking about the future of legal education. I am a member of that committee.
138. A very helpful exercise consists of asking educators in other disciplines what fundamental concepts lawyers should know. For one such exercise, see Robert Whaples et al., What Should Lawyers Know About Economics? 48 J. Legal Educ. 120 (1998). The founding faculty of the CUNY law school initially adopted a curriculum that differed radically from most law schools'. One significant difference was the pervasive integration of materials from other disciplines. See Frances Lee Ansley, Race and the Core Curriculum, 79 Cal. L. Rev. 1511 (1991); Charles Halpern, A New Direction in Legal Education: The CUNY Law School at Queens College, 10 NOVA L.J. 549 (1986); Howard Lesnick, Infinity in a Grain of Sand: The World of Law and Lawyering as Portrayed in the Clinical Teaching Implicit in the Law School Curriculum, 37 UCLA L. Rev. 1157 (1990). While the law school later found it necessary to modify the curriculum, the experiment remains a valuable model for other law schools, especially those interested in redesigning their substantive and clinical offerings in public interest law.
139. A very helpful exercise consists of asking educators in other disciplines what fundamental concepts lawyers should know. For one such exercise, see Robert Whaples et al., What Should Lawyers Know About Economics? 48 J. Legal Educ. 120 (1998). The founding faculty of the CUNY law school initially adopted a curriculum that differed radically from most law schools'. One significant difference was the pervasive integration of materials from other disciplines. See Frances Lee Ansley, Race and the Core Curriculum, 79 Cal. L. Rev. 1511 (1991); Charles Halpern, A New Direction in Legal Education: The CUNY Law School at Queens College, 10 NOVA L.J. 549 (1986); Howard Lesnick, Infinity in a Grain of Sand: The World of Law and Lawyering as Portrayed in the Clinical Teaching Implicit in the Law School Curriculum, 37 UCLA L. Rev. 1157 (1990). While the law school later found it necessary to modify the curriculum, the experiment remains a valuable model for other law schools, especially those interested in redesigning their substantive and clinical offerings in public interest law.
140. A very helpful exercise consists of asking educators in other disciplines what fundamental concepts lawyers should know. For one such exercise, see Robert Whaples et al., What Should Lawyers Know About Economics? 48 J. Legal Educ. 120 (1998). The founding faculty of the CUNY law school initially adopted a curriculum that differed radically from most law schools'. One significant difference was the pervasive integration of materials from other disciplines. See Frances Lee Ansley, Race and the Core Curriculum, 79 Cal. L. Rev. 1511 (1991); Charles Halpern, A New Direction in Legal Education: The CUNY Law School at Queens College, 10 NOVA L.J. 549 (1986); Howard Lesnick, Infinity in a Grain of Sand: The World of Law and Lawyering as Portrayed in the Clinical Teaching Implicit in the Law School Curriculum, 37 UCLA L. Rev. 1157 (1990). While the law school later found it necessary to modify the curriculum, the experiment remains a valuable model for other law schools, especially those interested in redesigning their substantive and clinical offerings in public interest law.
141. A very helpful exercise consists of asking educators in other disciplines what fundamental concepts lawyers should know. For one such exercise, see Robert Whaples et al., What Should Lawyers Know About Economics? 48 J. Legal Educ. 120 (1998). The founding faculty of the CUNY law school initially adopted a curriculum that differed radically from most law schools'. One significant difference was the pervasive integration of materials from other disciplines. See Frances Lee Ansley, Race and the Core Curriculum, 79 Cal. L. Rev. 1511 (1991); Charles Halpern, A New Direction in Legal Education: The CUNY Law School at Queens College, 10 NOVA L.J. 549 (1986); Howard Lesnick, Infinity in a Grain of Sand: The World of Law and Lawyering as Portrayed in the Clinical Teaching Implicit in the Law School Curriculum, 37 UCLA L. Rev. 1157 (1990). While the law school later found it necessary to modify the curriculum, the experiment remains a valuable model for other law schools, especially those interested in redesigning their substantive and clinical offerings in public interest law.
142. A very helpful exercise consists of asking educators in other disciplines what fundamental concepts lawyers should know. For one such exercise, see Robert Whaples et al., What Should Lawyers Know About Economics? 48 J. Legal Educ. 120 (1998). The founding faculty of the CUNY law school initially adopted a curriculum that differed radically from most law schools'. One significant difference was the pervasive integration of materials from other disciplines. See Frances Lee Ansley, Race and the Core Curriculum, 79 Cal. L. Rev. 1511 (1991); Charles Halpern, A New Direction in Legal Education: The CUNY Law School at Queens College, 10 NOVA L.J. 549 (1986); Howard Lesnick, Infinity in a Grain of Sand: The World of Law and Lawyering as Portrayed in the Clinical Teaching Implicit in the Law School Curriculum, 37 UCLA L. Rev. 1157 (1990). While the law school later found it necessary to modify the curriculum, the experiment remains a valuable model for other law schools, especially those interested in redesigning their substantive and clinical offerings in public interest law.
143. The issue of control lies not too far below the surface of these recommendations. Proposals such as allowing students to lake courses in other parts of the university or teaching collaboratively with colleagues in other disciplines threaten the autonomy that the legal academy values so greatly. It challenges the gatekeeping role assigned by the bar examiners and enthusiastically embraced by most of the law school professoriat. In short, these curricular reforms give us less to say about what and how our students learn, and that prospect frightens us. While these fears are not entirely illegitimate, they certainly are no basis for resisting much-needed curricular reform.
144. Clinical programs are already at the forefront of the integration of multidisciplinary perspectives. See Louise G. Trubek & Jennifer J. Franham, Social Justice Collaboratives: Multidisciplinary Practices for People, 7 Clinical L. Rev. 227 (2000). Fordham Law School, where I teach, has an MDP clinic operated under the auspices of the Interdisciplinary Center for Family and Child Advocacy. The center is a joint undertaking of the School of Law, the Graduate School of Social Work, and the Graduate School of Arts and Sciences, Department of Psychology. Other law schools have also invested significant resources in establishing centers devoted to law and one or more other disciplines. Washington University School of Law's Center for Interdisciplinary Studies is a prime example. Sec 〈www.wulw.wustl.edu/ centers〉 (last visited June 20, 2001).
145. This proposal would not permit the degree holder to provide legal services. It should not be confused with other proposals that advocate a tiered licensing system. See generally Pearce, Post-Professionalism, supra note 38).
146. The movement toward the establishment of such programs is just getting underway. Among the law schools offering degrees to nonlawyers are Albany (Master of Science in Legal Studies, allowing students to concentrate in a number of different areas including elder law, alternative dispute resolution, and criminal law); Franklin Pierce (Master of Education Law); George Mason (Juris Master in Policy Analysis); John Marshall (Master of Science in Information Technology Law); Loyola Chicago (Master of Jurisprudence in Child and Family Law and a dual Master of Jurisprudence in Child and Family Law and Master of Social Work); Pepperdine (Master in Dispute Resolution and Master of Public Policy); Touro (Master of Professional Studies in Law in health care, law and business, and law and technology); Vermont (Master of Studies in Environment Law); and Widener (Master of Jurisprudence in Health Law and Doctor of Law in Health Law). Some law schools and private companies are actively exploring the use of online learning to award degrees to nonlawyers. E.g., Health Law Program to be Offered Online, Sun-Sentinel (Fort Landerdale), Sept. 28, 2000 (describing Nova Southeastern Law School's proposal to offer an online graduate degree program in health law for nonlawyers); Press Release date July 13, 2000, issued by Compass Knowledge Holdings, Inc. (describing an Executive Law Program for nonlawyers whose curriculum "will be provided by a consortium of law schools") (on file with author).
147. My rejection of the joint-degree model springs from both pedagogical and practical concerns. I do not completely reject the model, however, and acknowledge the intellectual richness it offers to students. For a stunning example of such richness, see Linking the Visions, 43 Law Quadrangle News, Fall/Winter 2000, at 3-25 (describing the wide range of programs available at the Michigan law school). See also Linda R. Crane, Interdisciplinary Combined-Degree and Graduate Law Degree Programs: History and Trends, 33 John Marshall L. Rev. 47 (1999). Crane's article supports my thesis that law schools will inevitably add multidisciplinary perspectives to their curricula in response to market demands. Id. at 80. My article emphasizes the need for reform at the J.D. level of instruction, however.
148. My rejection of the joint-degree model springs from both pedagogical and practical concerns. I do not completely reject the model, however, and acknowledge the intellectual richness it offers to students. For a stunning example of such richness, see Linking the Visions, 43 Law Quadrangle News, Fall/Winter 2000, at 3-25 (describing the wide range of programs available at the Michigan law school). See also Linda R. Crane, Interdisciplinary Combined-Degree and Graduate Law Degree Programs: History and Trends, 33 John Marshall L. Rev. 47 (1999). Crane's article supports my thesis that law schools will inevitably add multidisciplinary perspectives to their curricula in response to market demands. Id. at 80. My article emphasizes the need for reform at the J.D. level of instruction, however.