Question 1

What is PMBR?

Accepted Answer

PMBR stands for “Proactive Management-Based Regulation.” The Office of Disciplinary Counsel’s free, online, on-demand PMBR course will assist solo and small firm attorneys in developing ethical infrastructures to improve the delivery of legal services and client relations and assist in preventing violations of the Ohio Rules of Professional Conduct.

Question 2

What are the “PMBR requirements?”

Accepted Answer

Beginning with the 2025-2027 registration biennium, attorneys who are engaged in the private practice of law (as defined in Gov.Bar R. VI(1)(B)) must either maintain professional liability insurance or complete the PMBR course.

Question 3

Where can I find the PMBR rule language?

Accepted Answer

The Supreme Court’s amendments to Gov.Bar R. V and Gov.Bar R. VI may be found at the following link:
https://www.supremecourt.ohio.gov/ruleamendments/documents/PMBR%20(As%20Adopted).pdf

Question 4

When did the PMBR requirements go into effect?

Accepted Answer

The effective date for PMBR is January 1, 2025. Beginning with the 2025-2027 registration biennium, attorneys who are engaged in the private practice of law (as defined in Gov.Bar R. VI(1)(B)) must either maintain professional liability insurance or complete the PMBR course.

Question 5

Am I required to complete the PMBR course for the 2025-2027 registration biennium?

Accepted Answer

Only attorneys who are engaged in the private practice of law (as defined in Gov.Bar R. VI(1)(B)) and do not have professional liability insurance are required to complete the PMBR course.

Question 6

What will happen if I fail to comply with the PMBR requirements?

Accepted Answer

Attorneys who are deemed required to comply with the PMBR requirements and fail to do so will not be able to complete registration for the corresponding biennium and will be summarily suspended from the practice of law.

Question 7

What if my only clients are family members?

Accepted Answer

Attorneys who only perform legal work for family members are “engaged in the private practice of law” for purposes of Gov.Bar R. VI(1)(B)(5). Accordingly, these attorneys must satisfy the PMBR requirements.

Question 8

What if I work as in-house counsel but am not registered as a corporate counsel attorney?

Accepted Answer

Attorneys registered as active who are “employed by an organizational client or governmental entity” and “[do] not represent clients outside that capacity” are not “engaged in the private practice of law” and, therefore, not subject to the PMBR requirements. See Gov.Bar R. VI(1)(B)(2).

Question 9

What if I am a full-time judge or magistrate?

Accepted Answer

Full-time judges and magistrates are not “engaged in the private practice of law” and, therefore, are not subject to the PMBR requirements. See Gov.Bar R. VI(1)(B)(2).

Question 10

What if I am a part-time judge or magistrate who maintains a private law practice on the side?

Accepted Answer

Part-time judges and magistrates who also represent clients in their own practice are “engaged in the private practice of law” for purposes of Gov.Bar R. VI(1)(B)(5). Accordingly, these attorneys must satisfy the PMBR requirements if they do not have professional liability insurance.

Question 11

If I register as active, but no longer practice law, do the PMBR requirements apply?

Accepted Answer

Only active attorneys who are “engaged in the private practice of law” and do not have professional liability insurance must satisfy the PMBR requirements. Under Gov.Bar R. VI(1)(B)(5), attorneys who are “no longer practicing law in any capacity” are not “engaged in the private practice of law.” Active attorneys who no longer practice law in any capacity are not subject to the PMBR requirements.

Question 12

If I purchase professional liability insurance, must I still complete the PMBR course?

Accepted Answer

No. An attorney who purchases professional liability insurance does not have to complete the PMBR course; however, the attorney must provide proof of insurance to the Attorney Services Section if the insurance is purchased after the registration deadline.

Question 13

If I purchase professional liability insurance prior to the November 2, 2025 registration deadline, do I still have to submit proof of insurance to the Attorney Services Section?

Accepted Answer

No. If you purchase professional liability insurance prior to the November 2, 2025 registration deadline and update your status in the Attorney Portal to reflect you have professional liability insurance, you do not have to provide proof of insurance.

Question 14

What happens if I purchase liability insurance or complete the course after September 1, 2025, but before the registration deadline of November 2, 2025?

Accepted Answer

If you fail to complete the course or purchase professional liability insurance before September 1, 2025, you will be subject to a $100 late fee.

Question 15

If I purchase professional liability insurance after the registration deadline, how do I report this and to whom?

Accepted Answer

If an attorney purchases professional liability insurance after the November 2, 2025 registration deadline, the attorney must submit proof of insurance, including the name of the insurer, the policy number, and the amount and dates of coverage, to the Attorney Services Section when requesting reinstatement to the practice of law in Ohio.

Question 16

How do I update my status if I purchase professional liability insurance prior to the November 2, 2025 registration deadline?

Accepted Answer

To update your status in the Attorney Portal, log in to your Attorney Portal and click Attorney Registration in the red ribbon across the top of the screen, and then click Proactive Management-Based Regulation. You will click the acknowledgment button and then click “Yes” for the first question and then answer the following questions to reflect your circumstances.

Question 17

What happens if I do not complete the PMBR course or purchase professional liability insurance before November 2, 2025?

Accepted Answer

If you do not complete the PMBR course or purchase professional liability insurance on or before November 2, 2025, you will not be permitted to register and will be summarily suspended from the practice of law under Gov.Bar R. VI(10)(B)(1).

Question 18

Can I change my answers to the PMBR questions in the Attorney Portal?

Accepted Answer

Yes. To update your status in the Attorney Portal, log in to your Attorney Portal and click Attorney Registration in the red ribbon across the top of the screen, and then click Proactive Management Based Regulation. You will click the acknowledgment button and then answer the questions to reflect your circumstances.

Question 19

When will the PMBR course be available?

Accepted Answer

As of April 1, 2025, the 2025 PMBR course is available on-demand on the OhioCourtEDU platform. For step-by-step instructions on how to create an account, log in, and complete the course, contact the Office of Disciplinary Counsel at PMBR@odc.ohio.gov.

Question 20

How long is the PMBR course?

Accepted Answer

The PMBR course will take approximately 3.5 hours to complete. The PMBR course is self-paced and interactive, so the duration may vary.

Question 21

Can I use my phone or tablet to take the PMBR course?

Accepted Answer

No. Based upon initial user feedback, we recommend taking the PMBR course on a laptop or desktop computer. Phones and tablets may present connectivity issues.

Question 22

Will I have to take the entire course at one time?

Accepted Answer

No. The PMBR course is an on-demand, self-paced course. Attorneys can start and stop and return where they left off. To avoid technological issues, stop at the end of a section and exit the course or progress may be lost.

Question 23

Will I receive CLE credit for completing the PMBR course?

Accepted Answer

Yes. The PMBR course has been approved for 3.5 CLE hours. To receive credit, users must complete the evaluation at the end of the course.

Question 24

How often will I have to take the PMBR course?

Accepted Answer

For every registration biennium beginning with 2025-2027, attorneys who are engaged in the private practice of law (as defined in Gov.Bar R. VI(1)(B)) must either maintain professional liability insurance or complete the PMBR course.

Question 25

When will the next PMBR course be available?

Accepted Answer

Future biennium PMBR courses will become available in the first half of the first calendar year of each subsequent biennium.

Question 26

How much will the PMBR course cost?

Accepted Answer

The PMBR course is free for all attorneys admitted to the practice of law in Ohio.

Question 27

Will the PMBR course be available for all attorneys?

Accepted Answer

Yes. All attorneys admitted to the practice of law in Ohio will be able to take the PMBR course for CLE credit.

Question 28

What if I have additional questions regarding PMBR?

Accepted Answer

Please direct all PMBR inquiries to the Office of Disciplinary Counsel via email to: PMBR@odc.ohio.gov or via phone at: (614) 387-9700.

Frequently Asked Questions (FAQs)

What does IOLTA stand for?

How is the interest on an IOLTA used?

Am I required to have an IOLTA?

Which rules and statutes govern use and management of an IOLTA?

What is a client ledger?

What is a general ledger?

What is a retainer?

What is a "True" or "Classic" retainer?

What is a flat fee?

Does a flat fee need to be deposited into an IOLTA?

How do I determine the amount of a refund on a flat fee agreement?

Can I charge a non-refundable fee?

What does it mean to reconcile my IOLTA?

What IOLTA records do I need to keep?

How long do I need to keep IOLTA records?

Can I keep personal funds in my IOLTA, and if so, how much?

Can I use personal funds in my IOLTA to pay for checks or stop payment fees?

Can I have a debit card associated with my IOLTA?

If I accept credit card payments from my clients, how should I account for the credit card fees?

Can I accept electronic payments from my clients through PayPal, Square, Apple Pay, etc. ?

What do I do with funds in my IOLTA if there is a dispute over who owns them?

Can a third party pay my client’s fees, and if so, how should I handle third-party payors?

What is an IOLTA scam?

Who should I notify if I change IOLTAs?

Can I have more than one IOLTA?

Can I deposit estate funds into my IOLTA?

What identifying information should I include on my IOLTA checks?

Can I post-date an IOLTA check?

What is the Ohio Access to Justice Foundation?

Am I required to have a written fee agreement with a client?

What is an IOTA?

Where can I obtain more information about how to manage my IOLTA?

Can I use personal funds in my IOLTA to pay for filing fees, medical records, or other case-related expenses on behalf of my clients?

What should I do if a client gives me a check for funds that I have only partially earned?

How long should I wait after depositing a settlement check or other check into my IOLTA before disbursing funds to a client?

Can I use a credit card to pay client-related expenses and then pay my credit card bill directly from my IOLTA?