CBA Record September-October 2026

Program Structure and Content The PMBR program is a four-hour inter active, online self-assessment that helps lawyers review their practice against the rules of ethics and best business prac tices. It consists of four e-learning mod ules, each taking about 60 minutes to complete, featuring narrated interactive slides, hypotheticals, knowledge checks, and self-assessment questions, along with curated resources for deeper study. The modules cover four topics central to competent, ethical practice: (1) identi fying, understanding, and avoiding con flicts of interest; (2) setting the parameters of the client-lawyer relationship; (3) legal marketing in the digital age; and (4) con fidentiality and communication in the digital age—areas where solo and small firm practitioners most commonly strug gle without the institutional safeguards larger firms provide. Importantly, the knowledge-check quizzes do not require a minimum score; results are solely for the lawyer’s edu cational benefit and remain confiden tial under Illinois Supreme Court Rule 756(e). The program is not a test to pass or fail. Rather, it is a guided self-evalu ation meant to help lawyers proactively identify and address gaps in their practice systems. While lawyers who maintain mal practice insurance or lack private clients are exempt, any lawyer may complete PMBR’s free offerings voluntarily and earn a total of four hours of Minimum Continuing Legal Education (MCLE) credit, with a certificate issued after each module is completed. Compliance is Not Coverage Lawyers should not conflate regulatory compliance with adequate malpractice liability protection. Completing the program means the lawyer has met the ARDC’s requirements to remain on the master roll—it does not mean that cli ents are protected against errors, personal assets are insulated from judgment, or the lawyer has taken all prudent steps to manage practice risks. Deciding whether to carry malpractice insurance requires

Uninsured in Illinois? What Lawyers Need to Know About the New PMBR Self-Assessment Requirement I llinois lawyers must disclose whether they have professional malpractice liability insurance to maintain active registration. Beginning January 1, 2027, lawyers who register without malpractice coverage will face an updated compliance requirement: they must complete the 2026-2027 Proactive Management-Based Regulation (PMBR) Self-Assessment Program administered by the Attorney Registration and Disciplinary Commission (ARDC). The ARDC released a new version of the program on its online learning portal earlier this summer. Background: What is PMBR? The Illinois Supreme Court adopted PMBR in 2017 as an approach to attorney regula tion that emphasizes prevention over punishment. The program encourages lawyers to assess their own practice systems against established standards and ethics rather than waiting for complaints to surface. The underlying logic is clear: a lawyer who regularly evaluates their practice is less likely to commit errors that lead to grievances, malpractice claims, and client harm. Applicability and Consequences While the 2026-2027 PMBR Self-Assessment Program is free to all lawyers, it is man datory for any Illinois lawyer who does not maintain malpractice insurance and repre sents at least one private client. Under Illinois Supreme Court Rule 756(e), such lawyers must complete the program every two years. Lawyers who serve exclusively as in-house counsel or government attorneys, or who do not represent private clients, are exempt. The consequences of noncompliance are significant. Any lawyer without malpractice insurance who fails to complete the program will be unable to finish attorney registra tion and will be removed from the master roll, losing authorization to practice law in Illinois. This requirement is not limited to lawyers who deliberately go without insurance; it also applies to any lawyer whose registration shows them as uninsured, even if that is an accidental result of a lapsed policy. The requirement serves as an additional safeguard to keep lawyers compliant until their new policy begins. The program is available now, and the criteria for applicability are clear. Reviewing your registration status, confirming whether you represent private clients, and verifying your insurance status are steps you can take today. Early completion is the deliberate, prudent approach. Trisha Rich is taking a hiatus from writing the Practical Ethics column during her tenure as CBA President. Over the 2026–2027 bar year, the column is featuring guest authors with expertise in legal ethics who have volunteered to wield the pen in her absence. PRACTICAL ETHICS BY TAYAH E. SCHUETTE

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