PMBR – Proactive Management-Based Regulation – becomes effective for Ohio attorneys engaged in the private practice of law on January 1, 2025. On or before September 1st in each odd-numbered year, attorneys registering for active status must file a Certificate of Registration and pay the registration fee.
Beginning with the 2025-2027 registration biennium. Amendments to Gov.Bar R. V, Section 4 and Gov.Bar R. VI, Section 1, 4, and 10 of the Supreme Court Rules for the Government of the Bar of Ohio will require each attorney in private practice when registering provide information whether the attorney has:
- professional liability (malpractice) insurance on the date of registration
- a plan to manage the attorney’s work or caseload in the event the attorney becomes temporarily or permanently unable to do so.
This requirement applies to all attorneys engaged in private practice, defined in amended Gov.Bar R.VI (1)(B) as any attorney registered as active who is NOT:
- Registered as a corporate counsel attorney
- Employed by an organizational client or governmental entity and does not represent clients outside that capacity
- Registered as a military legal assistance attorney
- Registered as an emeritus pro bono attorney
- No longer practicing law in any capacity
PMBR FAQs from the Office of Disciplinary Counsel state that only active attorneys “engaged in the private practice of law” must satisfy PMBR requirements. Attorneys “no longer practicing in ANY (emphasis added) capacity” are not “engaged in the practice of law.”
- However, attorneys who only perform legal work for family members are “engaged in the private practice of law” and must satisfy the PMBR requirements.
Other exceptions to PMBR requirements are:
In-house counsel registered as active (not as a corporate counsel) “employed by an organizational client or governmental entity” and “[do] not represent clients outside that capacity.” Such attorneys are not “engaged in the private practice of law” and not subject to the PMBR requirements.
Full-time judges and magistrates who are not “engaged in the private practice of law” and not subject to the PMBR requirements.
- However, part-time judges and magistrates who also represent clients in their own practices are “engaged in the private practice of law” and must satisfy the PMBR requirements.
Attorneys reading this OBLIC Alert are likely already insured with OBLIC. Keeping your OBLIC policy in effect allows a “Yes” answer the first question Attorneys who do NOT have professional liability insurance may choose to purchase malpractice insurance OR take the free, approximately 3-hour PMBR course that will be offered by the Supreme Court Office of Disciplinary Counsel online and on demand for all attorneys admitted in Ohio beginning in early 2025 and allow them to register. (Note: continuing requirement of Rule 1.4 Notice to Client).
The second part of PMBR can be more challenging to get to a “Yes” answer, as it requires actually developing a plan for a successor attorney. The Ohio Board of Professional Conduct Ethics Guide: Succession Planning is an excellent resource on how to designate a successor attorney. Sample forms are available from the Cleveland Metropolitan Bar Association What If Preparedness Program.
Remember, PMBR applies to ALL attorneys in private practice. Attorney in FIRMS as well as solo practitioners, need to know how their work or caseload would be handled if they are unable to do so with a thorough succession plan. Your Ohio Bar Association Senior Lawyers Section is offering a live, interactive webinar Senior Lawyers – Planning for Your Future on November 14, 2024. Ohio Bar Association also offers an online, on demand CLE Succession Planning for Your Practice.
As always, we are available at OBLIC to answer your questions and provide assistance with PMBR for your practice!
| Gretchen K. Mote, Esq. Director of Loss Prevention Ohio Bar Liability Insurance Co. Direct: 614.572.0620 [email protected] |
Merisa K. Bowers, Esq. Loss Prevention Counsel Ohio Bar Liability Insurance Co. Direct: 614.859.2978 [email protected] |
This information is made available solely for loss prevention purposes, which may include claim prevention techniques designed to minimize the likelihood of incurring a claim for legal malpractice. This information does not establish, report, or create the standard of care for attorneys. The material is not a complete analysis of the topic and should not be construed as providing legal advice. Please conduct your own appropriate legal research in this area. If you have questions about this email’s content and are an OBLIC policyholder, please contact us using the information above.
