James McCormack of Austin's Law Offices of James M. McCormack. Photo: Joel SalcidoThere's a New Way to Defend Lawyer Discipline Cases. But for How Long?
"Most attorney disciplinary cases don't involve a communication by a respondent lawyer that the lawyer can credibly claim invokes the anti-SLAPP law. Still, the legislature should fix this issue for good," said Austin solo Jim McCormack.
April 05, 2019 at 03:49 PM
4 minute read
Lawyers who are in trouble may have a new way to defend themselves in attorney disciplinary proceedings after a court ruling this week—but only if the Texas Legislature doesn't close the window soon.
In Commission for Lawyer Discipline v. Rosales, Austin's Third Court of Appeals made a significant finding that the state's anti-SLAPP law, the Texas Citizens Participation Act, applies in attorney discipline cases. In a concurring opinion, one justice warned that the majority's decision would encourage more and more attorneys to file TCPA motions to dismiss to delay their disciplinary proceedings.
However, as defendant Omar Rosales prepares to appeal the Third Court ruling to the Texas Supreme Court, there's another factor at play—the Texas Legislature has been debating House Bill 2730 to curb the broad application of the anti-SLAPP law.
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