Unlike its sister court in Austin, Houston's First Court of Appeals declined to decide if the state's anti-SLAPP law applies to attorney discipline cases.

The lawsuit alleged an attorney represented a dead client and neglected to tell his opposing party or the court about it for three months.

But the Houston appellate court instead issued a ruling that the State Bar of Texas Commission for Lawyer Discipline had provided enough evidence of a prima facie case that Houston solo practitioner Rich Robins committed professional misconduct. In that situation, the Texas Citizens Participation Act tells courts not to dismiss the claims.