Any reform must not lose sight of independence as the bedrock for preserving the core values of the profession. We remain a learned profession, and I doubt that the formalized programs and written guidelines that would be the necessary benchmarks of competence in a large multiprofessional organization could fully substitute for these factors. Of course, we know that temptations exist today for lawyers to cross ethical lines and to sell out to financial interests. This is human nature. But we also know that the setting can make a difference.
Structures can encourage or discourage compliance.
I submit that the best structure is one in which each lawyer answers only to other lawyers within a firm controlled by lawyers. I am not for a moment saying that these lawyers ever compromise their professional standards simply because they report to non-lawyers. In-house members are respected members of our profession, and they play an indispensable role. I would venture to say, however, that the existence of independent law firms to back them up, to buttress their opinions and to offer support, is a critical factor in their own ability to offer straight advice to their companies. Allowing independent law firms to blend into MDPs could weaken this role and lessen the outside support for in-house lawyers.