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Implementing PMBR – getting it right
Proactive Management-based Regulation (PMBR) is the term used to describe regulatory measures or other programs that are designed to strengthen ethical practices by lawyers and subsequently reduce rates of client complaints, disciplinary actions, and malpractice claims. The overall goal of PMBR is therefore to shift the emphasis of law regulation from… [download paper]
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International Conference of Legal Regulators (ICLR.net) Standpoint feature article – Harnessing data to advance evidence-based regulation
By now everyone is familiar with the wave of “big data” that is invading nearly every aspect of private and public life.There are “recommendation engines” implemented by companies trying to sell to us, “nudge” units in governments prompting us to pay taxes, and exercise and sleep trackers combatting our poor habits. Legal regulators have always…
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Towards an Evidence-based Policy Approach for Law Regulation – white paper
Law regulation is a mix of legislative and regulatory requirements, policy rules, professional ethics and best practices. Navigating this complex landscape is a challenge for regulators, law firms and individual attorneys. The system has evolved over time in response to…
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Proactive Legal Regulation – Standpoint Review of Global Initiatives and Findings 2014
Traditionally, lawyer regulation has been “reactive” and individualistic – that is, regulators respond to ex post concerns about individual practitioners. Proactive regulation, on the other hand, involves the institutional or organizational context in which lawyers practice, and identifies and addresses potential gaps before they materialize into problems. While there has been some…
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Are You a Maverick or a Maven?
From wiktionary.org: Maverick: One who does not abide by rules. Etymology: from the surname of Texas lawyer Samuel Maverick, who refused to brand his cattle. Maven: A self-styled expert in a given field. Etymology: from Yiddish מבֿין (meyvn) from Hebrew מֵבִין (mevín, “one who understands, connoisseur, expert”). Everyone loves a maverick, but mavens get it…
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Why are Your Decisions Misfiring? The Answer is 42
Eric Fernandez, on his blog The Royal Society of Account Planning has posted an excellent visual guide to cognitive biases. He lists 105 in total, including 42 directly related to decision-making. Many of the other biases are relevant to teams and businesses. My personal favorite? The Texas Sharpshooter Fallacy: adjusting the hypothesis after the data…
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Not Hitting Your Numbers? Change Your Metrics
So the big re-org was completed last year, the new strategic objectives are in place and we are dutifully watching our dashboard. But the company is not tracking. Now what? Too often the metrics on which companies rely do little to diagnose problems when things go wrong. This happens because we’re never planning to fail…
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Business Transformation is Now a Continuous Process
There was a time when business transformation was a process that occurred once in a professional career. But cut-throat competition and short development cycles are pushing leading businesses into a state of continuous, low-level transformation. All companies react, but handling transformation proactively requires a plan. How can your company stay out in front? 1. Use…
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Risk Assessments Are Decisions Too
Risk is a concept that everyone understands and almost no one evaluates very well. Risk is a function of both the likelihood that something will happen and the consequences that result if it does. When evaluating risks we always seem to be more focused on one or the other. For example, driving without your seatbelt…
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Science 101 for Business Leaders
I can say this because I was trained as one: scientists are geeks. They are lousy team players and most have as much business sense as a test tube. But they have figured out something that businesses can benefit from. It’s widely misunderstood but extremely powerful: the scientific method. photo credit: blondyimp Science is all…
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Balancing decisions
Seth Godin’s at it again, blogging about our favorite subject: decisions. His post Tuesday talked about the avalanche of data we now have at our disposal to assist in our decision-making, and how in many cases, because the data are counter-intuitive, they are ignored. The real problem is the balance between intuition and data, and…