Proactive Management Based Regulation – What is it and what does it mean for me?
You may be required to take this CLE, so read on…
What does it mean for me?
Beginning with the 2025-2027 registration biennium, attorneys who are engaged in the private practice of law must acknowledge whether or not they maintain professional liability insurance.
If you DO maintain professional liability insurance -> You can stop reading.
If you DO NOT maintain professional liability – KEEP READING, you are now required to complete the PMBR Course, which is eligible for CLE Credit (slight bonus). Luckily, the PMBR is free for all attorneys admitted to the practice of law in Ohio!
What is the Proactive Managment Based Regulation Course?
The Proactive Management Based Regulation (PMBR) course will be required for all private practice attorneys who do not maintain professional liability insurance as of January 1, 2025. It is a proactive “policing” mechanism as attorneys who do not maintain professional liability insurance are more prone to ethical misconduct.
The PMBR is a CLE-accredited, online, on-demand curriculum on the ethical operation of a law practice. It was designed to reduce solo and small firm practitioners’ exposure to claims of ethical misconduct and malpractice while providing added protection to the public. The new requirement is the result of the Supreme Court’s amendments to Gov. Bar R. V and Gov. Bar R. VI.
Am I a “private practice attorney” under Gov. Bar R.VI(1)(B)?
An attorney engaged in the private practice of law means ANY ATTORNEY registered as active with the Supreme Court EXCEPT those
- Registered as a corporate counsel attorney under Gov.Bar.R.VI(6).
- Employed by an organizational client or governmental entity and who does not represent clients outside that capacity under Gov. Bar. R. VI (1)(B)(2) . (In-house counsel)
- Registered as a military legal assistance attorney under Gov.Bar.R.VI(7).
- Registered as an emeritus pro bono attorney under Gov.Bar.R.VI(8).
- No longer practicing law in any capacity.
Am I “engaged in the private practice of law”?
Any performance of legal work for clients is being “engaged in the private practice of law,” under Gov. Bar. R. VI(1)(B)(5). This includes if you only work for family members or friends.
Alternatively, if you are registered as an active attorney but no longer practice, are a full-time judge or magistrate, or are employed by an organization client of a governmental entity then you are not engaged in the private practice of law. However, the moment you represent a client outside these areas you are subject to the professional liability insurance or PMBR requirement.
What is the reasoning for the PMBR requirement?
The American Bar Association recommended the adoption of PMBR programs in the 2019 ABA Resolution 107, writing that their purpose is “to enhance compliance with applicable rules of professional conduct and supplement existing disciplinary enforcement mechanisms, with the ultimate goal of helping lawyers avoid disciplinary and malpractice complaints.” The idea is that a more proactive approach to ethics within the profession is good for attorneys and their clients. Each PMBR program is tailored to its jurisdiction and Ohio has chosen to focus on supporting solo and small firm practitioners.
Questions?
Contact Nicholas Froning, Esq.
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Court News Ohio- Not too soon to plan for attorney registration