The case for proactive management-based regulation to improve professional self-regulation for US lawyers

This article argues that the American Bar Association (ABA) should recommend, and the state courts should adopt, proactive management-based regulation (PMBR) programs to supplement the existing complaint-based systems of professional discipline.

The article discusses the New South Wales program, highlighting the requirement that incorporated legal practices designate Legal Practitioner Directors, and non-adversarial collaboration between regulators and the designated solicitors to help firms develop and maintain ‘appropriate management systems’.

The article argues that professional self-regulation’s limited commitment to consumer protection for clients should be strengthened, and that doing so may require a PMBR program.

Schneyer, Ted (2013) “The Case for Proactive Management-Based Regulation to Improve Professional Self-Regulation for U.S. Lawyers,” Hofstra Law Review: Vol. 42: Iss. 1, Article 19.
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