Friday, June 3
(3:40 - 5:00pm)
Inspired by the “education toward compliance” program in Australia, regulators in the U.S. and Canada are seriously examining proactive management based regulation (PMBR). Unlike the traditional reactive approach to disciplining lawyers after misconduct has allegedly occurred, proactive measures are designed to enhance public protection by addressing practice concerns before problems occur. A focus of PMBR is to prevent risk, and promote sound ethical decision-making and practice management by lawyers and law firms. This panel, consisting of Australian, American and Canadian regulators, will examine the current status of Australian regulation, the new regulatory approach gaining momentum in Canada, and the prospects for PMBR in the USA. The panel will engage in a frank and open discussion with the audience about whether or not PMBR is a concept to be embraced in North America, and the benefits and potential challenges of doing so.