Page 5 - July August CBA Report

Ohio Introduces
PMBR Course
Requirement
for Private Practice Attorneys
By Elisabeth Duesler and Benjamin Nelson
Ohio attorneys in private
practice who do not maintain
professional liability insurance
must either purchase it or
complete the PMBR course
by September 1, 2025
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 insur-
ance 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 prac-
tice 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 succes-
sion 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 estab-
lish a free, CLE-accredited,
proactive management-based regu-
lation curriculum [PMBR] to assist
attorneys in developing ethical infra-
structures to improve delivery of
legal services and client relations
and enhance the provision of compe-
tent 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
THE REPORT | July/August 2025 | CincyBar.org 5