Dances With Nonlawyers: A Perspective On Law Firm Diversification

In this Article, Professor Munneke continues the debate over ethical rules governing lawyers\u27 professional affiliations with nonlawyers, arguing in favor of the adoption of uniform rules that regulate lawyers\u27 conduct in the context of specific ethical issues, such as confidentiality and conflicts of interest. In Professor Munneke\u27s view, the retention of ethical rules that prohibit law firm diversification impedes the ability of lawyers to compete effectively in today\u27s rapidly changing marketplace of professional services. Professor Munneke moreover questions whether state bar association rules that prohibit law firm diversification are capable of withstanding judicial scrutiny under the federal antitrust laws and the First Amendment. According to Professor Munneke, a substantial question exists as to whether the state action exemption should apply to shield these rules from antitrust attack Professor Munneke further asserts that First Amendment theories offreedom of association and commercial speech may impel less restrictive alternatives to the current regulatory scheme