Commission on Multijurisdictional Practice Update

Memorandum

To: Members of the Judiciary, Presidents of State and Local Bar Associations, Chairs of ABA Entities, Chief Disciplinary Counsel, Bar Regulators, Members of the Legal Academy, Members of the Public and other interested parties and individuals

From: Wayne J. Positan, Chair, Commission on Multijurisdictional Practice

Date: March 12, 2001

Re: Commission on Multijurisdictional Practice Update

I am writing to update you on the work of the ABA Commission on Multijurisdictional Practice and to request that you or your entity submit your comments or positions on the multijurisdictional practice of law to the Commission by June 15, 2001.

Commission Membership

I am first honored to announce that ABA President Martha W. Barnett has appointed me to serve as Chair of the Commission. I am replacing the former Chair, Harriet Miers of Dallas, who resigned to take a position in the administration of President George W. Bush. Marna S. Tucker of Washington D.C. has been appointed to the Commission to fill the vacancy created by the departure of Ms. Miers.

Term of Commission  

At the 2001 Midyear Meeting in San Diego, the ABA Board of Governors extended the term of the Commission to the 2002 Annual Meeting. This extension will provide interested entities with additional time to examine the issues associated with multijurisdictional practice and to provide their input prior to the Commission’s issuance of a Preliminary Report in November 2001. Attached to this memorandum is the Commission’s timetable for completion of its Preliminary Report.

Public Hearings To Date

To assure wide participation by the legal profession and the public in its deliberations, the Commission conducted a public hearing in Dallas on January 26, 2001 and a two-day public hearing at the ABA Midyear Meeting in San Diego on February 16 and 17, 2001. The Commission also convened an Interactive Roundtable discussion on multijurisdictional practice at the Midyear Meeting. Transcripts of the two public hearings, the written comments of all hearing witnesses and an audiotape of the MJP Roundtable will be placed on the Commission’s website within approximately thirty days: www.abanet.org/cpr/mjp/home.html

Future Public Hearings

The Commission plans to convene additional public hearings throughout the country as follows:

  • New York City, Friday, March 30, 2001, 9:00 A.M until 12:00 P.M., Fordham University School of Law, 140 West 62nd Street, Room 430, New York, NY 10023-7407, Ph: 212-636-6800
  • Kansas City, MO, Friday, April 27, 2001, 1:30 P.M. until 4:30 P.M., University of Missouri-Kansas City Law School, Administrative Conference Room, 5100 Rockhill Road, Kansas City, MO 64110-2446
  • Atlanta, Friday, May 17, 2001, 2:00 P.M. until 5:00 P.M., 510 of The Marquis I Building, Suite 510, Peachtree Center Avenue and Harris Street, Atlanta, GA.
  • Miami, Friday, June 1, 2001, 2:00 P.M. until 5:00 P.M., Loews Miami Beach Hotel, 1601 Collins Avenue, Miami Beach, Florida 33139, Ph: 305-604-1601 (In conjunction with the 27 th National Conference on Professional Responsibility).
  • Chicago, Friday, August 3, 2001, 9:00 A.M. until 12:00 P.M. and Saturday, August 4, 2001, from 9:00 A.M. until 12:00 P.M., location to be determined. (In conjunction with the 2001 ABA Annual Meeting).

June 15, 2001 Deadline

In a memorandum dated September 14, 2000, then Chair Harriet Miers requested that interested individuals and entities begin to study the issues surrounding multijurisdictional practice. On November 1, 2000, Chair Miers sent a second memorandum outlining numerous multijurisdictional practice issues. The memorandum contained several hypothetical situations and twelve possible resolutions of the issues. The memoranda were intended to stimulate dialog and study and the Commission did not endorse any of the proposals. The memorandum can be found on the Commission’s website.

The Commission intends to issue its Preliminary Report and Recommendation in November 2001. To ensure that in its deliberations the Commission has the benefit of input from all interested entities and individuals, the Commission must receive your comments or positions on the multijurisdictional practice of law by June 15, 2001.

Commission Outreach

The Commission on Multijurisdictional Practice is engaged in a national outreach effort to confer with representatives of the legal profession and the public to facilitate a dialog on the application of current ethics and bar admission rules to the multijurisdictional practice of law. If you or your entity is planning a program or meeting to address multijurisdictional practice issues and would like the participation of a Commission member, please contact John A. Holtaway, Commission Counsel at (312) 988-5298 or John.Holtaway@americanbar.org

Conclusion

On behalf of the American Bar Association, the Commission on Multijurisdictional Practice seeks to engage the participation of all ABA entities, judicial organizations, state and local bar associations, professional regulators, individual lawyers and the public throughout the United States in this endeavor. The Commission would benefit from detailed comments and policy positions on whether current rules and statutes effectively and appropriately regulate the multijurisdictional practice of law in the public interest. The Commission welcomes oral and written testimony from all interested groups and individuals. Please send your written comments or positions to John A. Holtaway, Commission Counsel, ABA Center for Professional Responsibility, 541 North Fairbanks Court, 14 th Floor, Chicago, IL 60611 or send them by e-mail to John.Holtaway@americanbar.org

We would appreciate any input you can provide to us. Thank you.

 

American Bar Association
Commission on Multijurisdictional Practice

Timetable for Distribution of Preliminary Report in November 2001

  • March 30-31, 2001 (NYC): Public hearing and business meetings.
  • April 27, 2001 (Kansas City): Public hearing.
  • May 18, 2001 (Atlanta): Public hearing.
  • May 31-June 1, 2001 (Miami): Public hearing and business meetings.
  • June 15, 2001: Deadline for entities and individuals to submit their comments and policy positions on multijurisdictional practice.
  • July 2001 (specific date and location to be determined): Business meeting.
  • August 3-4, 2001 (Chicago): Public hearings and business meeting.
  • Early September 2001 (specific date and location to be determined): Business meeting.
  • Early October 2001 (specific date and location to be determined): Business meeting.
  • Late November 2001: Distribution of Preliminary Report.  

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