Vermont Bar Journal, Vol. 40, No. 2 Winter 2016, Volume 41, No. 4 | Page 20

by Michael Kennedy, Esq. The Future: Some Thoughts The following are reflections spawned by a discussion between Michael Kennedy, Bar Counsel, and Kevin Ryan of the VBA held on December 9, 2015. Kevin and Mike discussed some of the ways in which the profession will changes in the coming years, and the implications of those changes for attorney regulation and professional responsibility. Mike offered the following as a response to a question about the trends or kinds of changes he might expect to see in the legal profession in the next decade or so. Management-Based Regulation With respect to attorney discipline and regulation, I see courts and regulatory authorities shifting resources from reacting to misconduct to models described as “proactive practice management based regulation.” I am attending the annual meeting of the National Organization of Bar Counsel in February. One of the programs is on “PMBR.” The brochure describes the program like this: The traditional approach to attorney regulation in the U.S. is chiefly reactive. Rules of Professional Conduct are established, and lawyers are subject to discipline if their conduct fails to comply. Several states and provinces are developing complementary approaches to the traditional model that will hopefully protect the public and reduce client complaints against their attorneys. Many have already heard the term “Proactive Management Based Regulation” or “PMBR.” Such programs tend to focus on the responsibility of law firm management to implement policies, programs and systems— in short, an ‘ethical infrastructure’—designed to prevent misconduct and unsatisfactory service. This is similar to what the Vermont Supreme Court and Professional Responsibility Board have already done. In 2012, the Professional Responsibility Program had two full-time prosecutors and a part-time bar counsel. Now, the PRB employs a full-time bar counsel and 1.5 FTE prosecutors. By shifting resources, the program has placed a greater emphasis on education and prevention, in the