The Consumer Financial Protection Bureau has made two significant decisions for examinations: to hire examiners from outside other federal financial regulatory agencies and to bring lawyers into the examination process from the very beginning. The bureau is trying to create critical distance between regulators and banks. It is also attempting to make sure enforcement attorneys understand the role of examination and supervision.

The practice has drawn a strong reaction. Says Alan Kaplinsky, head of Ballard Spahr’s Consumer Financial Services Group: “None of the other federal banking agencies have ever done it (had lawyers present at exams). I don’t think it’s a good thing. It puts a chilling effect on the exam process.”