Colorado Supreme Court

Office of Attorney Regulation Counsel

Promoting Professionalism. Protecting the Public.

Proactive Management-Based Program Subcommittee Minutes


June 6, 2018

March 21, 2018

January 17, 2018

October 25, 2017

September 20, 2017

August 16, 2017

June 21, 2017

May 17, 2017

March 15, 2017

January 18, 2017

October 19, 2016

December 16, 2015

November 18, 2015

October, 21, 2015

September 16, 2015

August 26, 2015

Proactive Management-Based Program Materials



Colorado Lawyer Self-Assessment Program Resource Bibliography

Karen Hammer, Proactively Manage the Financial Risks of Ethics Violations, Boulder County Bar Ass’n E-Newsletter (Boulder, CO), February 2018, at 1.

Cecil Morris, Colorado's New Lawyer Self-Assessment Program, Trial Talk (Dec./Jan. 2018).

Jonathan White, Self-Assessment Program Aims to Enhance Lawyer Competency and Client Satisfaction, 46:9 Colo. Law. 10 (2017).

Working group presentations

PMBR Roadmap

Regulatory Objectives

10 PMBR Principles and the Working Group Members

Attorney Malpractice Statistics

Colorado Self-Audit Checklist

Auto email to government or large firm attorneys transitioning to solo or small practice

CPA Licensing, Regulation, Monitoring, Discipline - Summary

"Subcommittee Turns to Proactive Regulation," OARC Update, Winter 2016

2015 Annual Report



National Organization of Bar Counsel (NOBC) Proactive Regulation FAQs

National Organization of Bar Counsel Entity Regulation FAQs

The NOBC has a Global Resources page; the “Entity Regulation” link on that page provides more information about proactive management-based regulation (PMBR) and the related concepts of proactive regulation and entity regulation.

ABA Model Regulatory Objectives for the Provision of Legal Services

“ABA Commission Suggests Overall Regulatory Objectives” from the ABA/BNA Lawyers’ Manual on Professional Conduct



Minutes of the 3rd Regulators’ Workshop on Proactive Risk-Based Regulation – June 2017

2nd Regulators' Proactive Risk-Based Regulation lunch workshop discussion - September 2016

Minutes of the 2nd Regulators' Workshop on Proactive Risk-Based Regulation - June 2016

Minutes of the 1st Regulators' Workshop on Proactive Risk-Based Regulation - May 2015

Proactive Regulation of the Legal Profession in Victoria, Australia

Nova Scotia PMBR Self-Assessment Tool and 10 Objectives

Nova Scotia’s consultant report on PMBR

PMBR Management Objectives – Australia

PMBR Management Outcomes – England & Wales

International regulator webpages relevant to PMBR

Innovating Regulation – A Collaboration of the Prairie Law Societies


PMBP Law Journal Articles

Susan S. Fortney, Designing and Improving a Systems of Proactive Management-Based Regulation to Help Lawyers and Protect the Public, J. Prof'l Law (2016).

Susan S. Fortney, Promoting Public Protection through an “Attorney Integrity” System: Lessons from the Australian Experience with Proactive Regulation System, 23 Prof. Law. 16 (2015).

Susan S. Fortney, Preventing Legal Malpractice and Disciplinary Complaints: Ethics Audits as a Risk-Management Tool, Bus. Law Today, March 2015 (ethics column).

Susan S. Fortney, The Role of Ethics Audits in Improving Ethical Conduct in Law Firms: An Empirical Examination, 4 St. Mary’s J. Legal Mal. & Ethics 112 (2014).

Susan Fortney & Tahlia Gordon, Adopting Law Firm Management System to Survive and Thrive: A Study of the Australian Approach to Management-Based Regulation, 10 U. St. Thomas L.J. 152 (2012).

Amy Salyzyn, From Colleague to Cop to Coach: Contemporary Regulation of Lawyer Competence, 94 Can. Bar Rev. __ (2017) (forthcoming).

Ted Schneyer, The Case for Proactive Management-Based Regulation to Improve Professional Self-Regulation for U.S. Lawyers, 42 Hofstra L. Rev. 233 (2013).

Ted Schneyer, On Further Reflection: How “Professional Self-Regulation” Should Promote Compliance with Broad Ethical Duties of Law Firm Management, 53 Ariz. L. Rev. 577 (2011).

Laurel S. Terry, The Power of Lawyer Regulators to Increase Client & Public Protection Through Adoption of a Proactive Regulation System, 20 Lewis & Clark L. Rev. 717 (2016).

Laurel S. Terry, When it Comes to Lawyers… Is an Ounce of Prevention Worth a Pound of Cure?, JOTWELL (July 13, 2016).

Laurel S. Terry, Globalization and the ABA Commission on Ethics 20/20: Reflections on Missed Opportunities and the Road Not Taken, 43 Hofstra L. Rev. 95, 128, n. 142 (2014) (this note discusses using Rule 5.1 to encourage proactive management programs).

Laurel S. Terry, Why Your Jurisdiction Should Consider Jumping On The Regulatory Objectives Bandwagon, 22(1) Prof. L. 28 (2013).

Laurel S. Terry, Steve Mark, Tahlia Gordon, Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology, 80 Fordham L. Rev. 2661 (2012).

Laurel S. Terry, Trends in Global and Canadian Lawyer Regulation, 76 Saskatchewan L. Rev. 145 (2013).

Laurel S. Terry, Steve Mark, Tahlia Gordon, Adopting Regulatory Objectives for the Legal Profession, 80 Fordham L. Rev. 2685 (2012).


Lawyer Self-Assessment Program Checklists


Small Firm Business Manual and Risk Management Checklist

Small Firm Client Engagement Checklist

Small Firm Staff Procedures Checklist

Sole Practitioner Business Manual and Risk Management Checklist

Sole Practitioner Client Engagement Checklist

Sole Practitioner Staff Procedures Checklist

Employee Termination or Resignation Checklist