Ethics of Proactive Management-Based Regulation of the Legal Profession

This course delves into recent trends in multiple states towards proactive management-based regulation (PMBR) of the legal profession, which broadly seeks enhanced public protection via preventative action such as additional required CLE training for attorneys without malpractice insurance.

Attendees of this program will learn about the historical pathway leading to the adoption of PMBR by various states, including case law demonstrating ethics violations, different models of implementing PMBR, and why a compliance-based approach, particularly where entity regulation and liability is also enacted, holds promise for reducing client complaints.

This course is perfect for attorneys at any stage in their career who seek to evaluate how “ethical infrastructures” might be further enhanced in daily practice to prevent potential violations of the rules of professional conduct, such as the duties outlined by ABA Model Rule 5.1: Responsibilities of Partners, Managers, and Supervisory Lawyers.

Learning Objectives:

• Identify recent developments in the legal profession requiring enhanced supervision and management along with mentoring and leadership skills for legal professionals
• Evaluate the coverage of current professionalism training programs
• Assess the need to emphasize supervision, management, leadership, and mentorship in traditional professionalism training programs
• Review the historical approach to professional self-regulation (PSR) of the legal profession, which was a reactive disciplinary process activated after filing a complaint charging attorney misconduct
• Analyze recent trends in multiple U.S. states towards proactive management-based regulation (PMBR) of the legal profession, which broadly seeks enhanced public protection via preventative action such as additional required CLE training for attorneys
• Investigate recent international trends in other states towards proactive management-based regulation (PMBR) of the legal profession to compare piecemeal/partial versus more fully developed comprehensive approaches to proactive management of the legal profession

Production Date: 8/30/2024