Promoting Public Protection through an “Attorney Integrity” System: Lessons from the Australian Experience with Proactive Regulation of Lawyers

Regulators in Australia have gotten the message. Rather than relying solely on the traditional approach to attorney regulation that relies heavily on complaints-driven systems of prosecuting alleged misconduct after it occurs, they have instituted a regulatory regime to help lawyers develop an “ethical infrastructure” enabling their practices to address the type of conduct that often leads to common consumer concerns. The new system, called “proactive management-based regulation,” has captured the attention of regulators, researchers, and lawyers around the world.