https://www.law.com/texaslawyer/2023/05/23/texas-supreme-court-dodges-question-of-attorney-malpractice-anti-slapp-defense/
Dylan B. Russell, attorney for USA Lending, arguing before the Texas Supreme Court. Source: Texas Supreme Court video archive.Attorney Lance C. Kassab said that in recent years his firm has had to defend against an onslaught of TCPA motions from lawyers and law firms in response to legitimate legal malpractice claims.
May 23, 2023 at 01:34 PM
5 minute read
What You Need to Know
- The Texas Supreme Court reversed a dismissal of a legal malpractice claim, finding the plaintiff showed enough evidence to proceed.
- The opinion avoided a ruling on the hotly debated issue of attorneys using an anti-SLAPP law as a defense.
- Plaintiffs claim the issue was ripe and should have been clarified to resolve conflicting rulings in the lower courts.
A lending company suing its law firm for malpractice got relief at the Texas Supreme Court, but the justices opted not to address a key issue—whether attorneys can use a free-speech defense.
The opinion written by Justice Jane Bland restored the plaintiff’s right to sue, but the reversal was based on a finding that their prima facie evidence supported a legal malpractice claim.
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