Attorney immunity continues to expand

It is increasingly common for third parties to sue attorneys.  Within that category of claims, litigants are suing opposing counsel more often.  

One of the most powerful tools an attorney has in defending cases of this kind is the what is variously called the attorney immunity rule, attorney immunity doctrine, or the absolute attorney litigation privilege.  A recent case from the Court of Appeals of Texas, Dallas addressed this issue and the court held that the trial court properly granted motions to dismiss and for summary judgment holding that the attorney had an affirmative defense of immunity.  Highland Capital Management, LP, v. Looper Reed & McGraw, P.C., n/k/a Gray Reed & McGraw, P.C.

This follows a recent decision from the Illinois appellate court in O’Callaghan v. Satherlie, that held expanded the absolute attorney litigation privilege and protected attorneys from many claims of this kind.  A thorough discussion of this issue is addressed in an article we recently published. An Equal and Opposite Reaction: The Expanding Application of the Absolute Attorney Litigation Privilege.

Understanding the defenses available to claims by third parties, and the limitations to those defenses, is important for all attorneys as plaintiffs continue to press claims against lawyer with whom they did not have a direct relationship.