top tip

TLI Top Tip: New Rule 5.01 Requirements for Managing and Supervisory Lawyers 

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The recently-adopted changes to Texas Disciplinary Rule of Professional Conduct 5.01 impose new requirements on lawyers regarding their oversight of other lawyers. 

First, lawyers with managerial authority must now “make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to these Rules.” In essence, managerial lawyers must implement policies and procedures designed to provide assurance that all lawyers in the firm conform with the TDRPC. Those identified in the comments include those designed to:

detect and resolve conflicts of interest,  identify dates by which actions must be taken in pending matters,  account for client funds and property, and  ensure that inexperienced lawyers are properly supervised. 

See Rule 5.01 cmt. 1. Lawyers with managerial responsibilities over less than the whole firm (e.g., one office, one practice group, etc.) – satisfy this requirement if the firm has designated a managing lawyer…

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