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.
Read the article at http://scholarlycommons.law.hofstra.edu/hlr/vol42/iss1/19