The Power of Lawyer Regulators to Increase Client and Public Protection Through Adoption of a Proactive Regulation System

This Article focuses on those who regulate U.S. lawyers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to adjust the focus of the regulator for which they work in a way that will increase client and public protection. The Article further argues that it is appropriate for lawyers in these positions to exercise this power and that they should do so. The Article concludes by offering two concrete recommendations.

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Back to the Future: Designing and Improving a System of Proactive Management-Based Regulation to Help Lawyers and Protect the Public

This is the draft of a forthcoming paper by Susan Saab Fortney in the 2016 Journal of the Professional Lawyer. It was discussed at the 2016 conference of the International Conference of Legal Regulators.

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Proactive management based regulation in Colorado USA

A subcommittee of the Colorado Supreme Court Advisory Committee is exploring Proactive Management-Based Regulation (PMBR), a programme designed to promote ethical law practice by assisting lawyers with practice management.

PMBR material on the Colorado Supreme Court website

Explanation of PMBR on the Colorado Supreme Court website

 

Graphic showing sequence of activities

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