Much of life is reactive, sometimes unpleasantly so. Here is the good news. There are ways to be proactive in your law practice; to provide great legal services to clients and both prevent and defend against ethics complaints.
Proactive Management-Based Regulation (PMBR) is an evolving methodology for implementing best practices at your firm. It includes routinely monitoring both client matters and operational practices. This creates a firm culture fostering best business practices where ethical violations are less likely. In the event of a complaint, the process provides strong supporting evidence of your commitment to these standards.
PMBR is the next trend.
The ABA states that “PMBR is designed to help lawyers improve the ethical infrastructures of their law offices, reduce complaints to lawyer disciplinary authorities, and enhance lawyers’ provision of competent and cost-effective legal services.” PMBR is being implemented in some states now, but it is likely that you are the agent for your own best practices. You decide how to implement these ethical and operating infrastructures within your own firm.
As your law firm Implements standardized best business practices, it promotes trust and protects the interests of the consumer. This attracts both good clients and good staff.
What does PMBR look like?
As with other complicated environments, lists serve to cover all the areas that matter. One item on such a list might be: “Regularly review all open files.” This policy demonstrates a commitment to diligence and responsiveness. Your staff should know – and reinforce –these important values.
As you review each file, ask questions about what is next for that matter. Create tasks and notes to update the file, and teach this process to your team. Plan for it to evolve with experience, as staff begin to embrace the process.
If you get a complaint that asserts you inadvertently dropped the ball, this stated policy and its documented implementation is a mitigating factor.
Use Your Tools.
The tools your firm uses daily are a great place to start to implement Proactive Management Based Regulation. Use your practice management software, your billing system, or a simple spreadsheet to get started. Record the date of the action and describe what you did. Make it a system. And make it your own. I’ve posted a sample checklist here, if you need a jump start, let us know how we can help.
Crosspointe Consulting Group can help your firm define and implement PMBR processes for your firm. Contact us to learn about the technology and process solutions that can help your firm implement your own best practices. Call us at 877-375-2810 or email us at [email protected] to see how we can help.
David Michael has over two decades of expertise in supporting and integrating practice management software for law firms and legal agencies. His background includes serving as a Trial Court Administrator. David’s professional software experience includes implementation of case, contact, calendar, document, and accounting management software for law firms. He has customized many commercialized “off-the-shelf” applications with additional functionality based on the client’s requirements, and is skilled at migrating client data into new applications.