The Illinois Supreme Court announced rule amendments today that make Illinois the first state to adopt so-called “proactive management-based regulation” (PMBR), a system designed to prevent ethical missteps by requiring lawyers without malpractice insurance to review their operations. For the text of the changes, see Amended Rule 756(e).
Beginning in 2018, Illinois attorneys in private practice who do not have malpractice insurance must complete a four-hour interactive, online self-assessment regarding the operation of their law firm. This self-assessment will require lawyers to demonstrate that they have reviewed the operations of their firm based upon both lawyer ethics rules and best business practices. The program will be administered by the ARDC.
Following a lawyer’s self-assessment, the ARDC will provide him or her with a list of resources to address issues identified during the self-assessment process, according to a supreme court press release. All information gathered in a lawyer’s online self-assessment is confidential, although the ARDC may report data in the aggregate.
Lawyers who do not maintain malpractice insurance are required to complete a self-assessment every two years. Other lawyers are encouraged to self-assess. Lawyers who participate in the PMBR self-assessment will earn free MCLE credits.