Lawyers’ Roles

Two recent opinions provide guidelines for the important roles that attorneys play in our society.

The first, Haynes and Boone LLP v. NFTD, LLC, holds that “attorney immunity applies in all adversarial contexts in which an attorney has a duty to zealously and loyally represent a client, including a business-transactional context, but only when the claim against the attorney is based on the ‘kind’ of conduct attorney immunity protects.” No. 20-0066 (May 21, 2021).

The second, Landry’s, Inc. v. Animal Legal Defense Fund, holds: “An attorney who repeats his client’s allegations to the media or the public for publicity purposes is not acting in the unique, lawyerly capacity to which Texas law affords the strong protection of immunity.” No. 19-0036 (May 21, 2021).

Derivative DQ?

“We announce no categorical rule governing dual representation in derivative litigation. Whether a company and the individual defendants are ‘opposing parties’ for purposes of [Texas Disciplinary] Rule 1.06(a) in derivative litigation requires consideration of the true extent of their adversity under the circumstances.” In re Murrin Bros. 1885, Ltd., No. 18-0737 (Dec. 20, 2019).