The Most Important Question About a Law Firm MSO Isn’t Who Owns It. It’s Who Can Say No.

All Practice Areas

Michael J. Epstein, managing partner of The Epstein Law Firm, P.A., examines the growing role of management services organizations (MSOs) in the legal industry and the challenges they present to attorneys’ professional independence in his article, “The Most Important Question About a Law Firm MSO Isn’t Who Owns It. It’s Who Can Say No.”

In the article, Epstein argues that discussions about outside investment and law firm management should extend beyond ownership structures to examine who ultimately controls important decisions. While MSOs can provide valuable operational support, including technology, marketing, staffing, and financial management, their influence over a firm’s resources may create tensions between business priorities and attorneys’ obligations to their clients.

Epstein highlights how financial pressures can affect decisions involving litigation expenses, case development, hiring, and settlement strategies. He emphasizes that even when attorneys retain formal ownership of a firm, dependence on outside organizations for essential resources can raise questions about their ability to exercise independent professional judgment.

Referencing New Jersey’s Rules of Professional Conduct, Epstein underscores the importance of establishing clear boundaries that protect attorneys’ decision-making authority while allowing firms to benefit from outside business expertise.

The article encourages legal professionals to evaluate MSO arrangements based on how disagreements are resolved and whether attorneys can prioritize their clients’ interests without undue business interference.

Read the full coverage here.

The Epstein Law Firm, P.A., continues its work representing clients while remaining engaged in discussions about developments affecting the legal profession.

Related reading: The First Question I Ask Isn t Whether the Employer Paid

Related reading: The Tennessee AI Sanctions Case Isn’t Really About AI