Proactive Management-Based Regulation (“PMBR”) is an alternative approach to regulation aimed at helping solo and small firm practitioners reduce their exposure to malpractice claims and ethical violations by encouraging them to either purchase malpractice insurance or undertake a free CLE-accredited course on the ethical practice of law.
Effective January 1, 2025, Ohio attorneys in private practice who do not maintain professional liability insurance must either purchase it or complete the PMBR course by the September 1, 2025 registration deadline for the 2025-2027 biennium.
Gov.Bar R. VI(1)(B) defines an “attorney engaged in the private practice of law” as “any attorney registered as active with the Supreme Court,” however, the rule provides several exceptions. These include corporate and military attorneys, government and organizational attorneys who do not represent private clients, emeritus pro bono attorneys, and active attorneys who no longer practice law in any capacity.
Separate from PMBR but also addressed in the amendment to Gov.Bar R. VI, when they register, attorneys who are engaged in the private practice of law will also be asked if they have a succession or contingency plan in place in the event of a temporary or permanent inability to handle their workload. Attorneys who check “no” will receive complimentary literature on succession planning via their email address on file with the Office of Attorney Services. This will not have any impact on the attorney’s ability to register and is not a requirement of PMBR.
As for the PMBR course, it is created under the mandate of Amended Gov.Bar R. V (4)(G)which states,
Disciplinary counsel shall establish a free, CLE-accredited, proactive management-based regulation curriculum [PMBR] to assist attorneys in developing ethical infrastructures to improve delivery of legal services and client relations and enhance the provision of competent and cost-effective legal services to prevent violations of the Ohio Rules of Professional Conduct.
The rule amendments became effective January 1, 2025. Ohio joins Illinois as just the second state in the country to require attorneys to either maintain professional liability insurance or complete the PMBR curriculum.
The PMBR course will provide comprehensive discussions and applications of Ohio ethics rules. It is a 3.5-hour online, self-paced eLearning course. The curriculum includes a review of Ohio ethics rules, application of the rules to various scenarios, and self-reflection. The self-reflection component addresses how attorneys are complying with ethics rules in their daily practice of law as well as within law practice management policies, procedures, and strategies.
You might be asking, why go to all this trouble? We know that approximately 70% of disciplinary cases in Ohio involve solo practitioners. Historically, most of the attorneys disciplined are solo practitioners. The PMBR course is designed to reduce solo and small firm practitioners’ exposure to claims of malpractice and unethical conduct while providing added protection to the public by attempting to prevent mistakes and misconduct before they happen. In other words, it is a proactive, not reactive, approach. The course will also assist attorneys and law firms in developing ethical infrastructures to improve the delivery of legal services and client relations. Our goal is to create an interactive, informative, and useful curriculum. We want the learner to walk away armed with improved ethical knowledge and tools to help attorneys avoid ethical pitfalls. The curriculum serves attorneys but will also benefit staff and clients.
All licensed Ohio attorneys can take the PMBR course. It is free, and you will receive 3.5 hours of professional responsibility credit. However, if you are in private practice, do not fall within one of the enumerated exceptions, and do not wish to take the course, you will need to secure professional liability insurance by the September 1, 2025 registration deadline.
The objective for the 2025 PMBR curriculum was to cater to this audience by providing information in a way that would be useful even after the course is completed. The 2025 PMBR program offers templates and forms to help attorneys in their day-to-day practice. To that end, the 2025 PMBR curriculum includes real-life examples and advice from several Ohio solo and small firm practitioners. These practitioners offer tools and information they use in practice to assist their peers in the legal community. One practitioner you may recognize is the CBA’s own Gregory Napolitano, who contributed content throughout the Attorney-Client Relationship and Law Practice Management modules and supplied templates and forms.
Ohio’s first PMBR course consists of three modules: The Attorney-Client Relationship, Law Practice Management, and Attorney Health and Well-Being. The course went live on April 1, 2025. To date, 888 attorneys have registered to take the PMBR course, and 597 have completed the course. Attorneys required to take the PMBR course must do so by the September 1, 2025 registration deadline.
To learn more about how to register to take the PMBR course, email PMBR@odc.ohio.gov, and ODC staff will email you step-by-step instructions on how to create an account, login, and complete the PMBR course.
Elisabeth Duesler is the PMBR Program Manager for the Office of Disciplinary Counsel. She oversees the PMBR program and provides information to Ohio attorneys on topics related to Ohio’s PMBR program. In addition to his role as an Assistant Disciplinary Counsel, Benjamin Nelson is a frequent contributor to Raising the Bar, the Office of Disciplinary Counsel's quarterly newsletter.