But for many lawyers, this is not decisive enough. The ABA is expected to take the lead over state bars but has not done so on this issue. Most state bars are declaring themselves vehemently against the whole idea of MDPs, although some lawyers are resigning themselves to the inevitability of their introduction, and the Philadelphia Bar Association says it wants MDPs to become commonplace. Such confusion is being blamed to a large extent on the ABA's indecision, because if the ABA made a solid recommendation it would be taken up by some states and rejected by others, and the situation could then be resolved. But the ABA says that after two years it is still in the grips of democratic decision making.
Some people think it is the most important issue the profession has faced in several decades.
And they have a point - allowing MDPs would affect law firms tremendously, and not doing so may stop the US keeping pace with other developed countries, such as the UK where it looks likely that MDPs will be embraced by the Law Society. But many lawyers think the raging debate about MDPs shows the cracks in an organisation that cannot possibly recommend effectively on such issues for such a diverse nation. Michael Simmons, partner at Finers Stephens Innocent and associate member of the ABA, says the differences are becoming more apparent in a society where public bodies are regularly in the media spotlight. But it is being scrutinised more. Some would take this point further.