On May 6, 2022, the Texas Supreme Court issued an opinion in Taylor v. Tolbert, No. 20-0727, (Tex. May. 6, 2022), deviating from its prior stance that "attorneys are generally immune from civil liability to nonclients for actions taken within the scope of legal representation if those actions involve 'the kind of conduct' attorneys engage in when discharging their professional duties to a client." In the past, the Texas Supreme Court focused on the type of activity that the attorney was engaged in, rather than on the purported criminal nature of the conduct. The court held that:

"when conduct is prohibited by statute, the attorney-immunity defense is neither categorically inapplicable nor automatically available, even if the defense might otherwise cover the conduct at issue. In such cases, whether an attorney may claim the privilege depends on the particular statute in question."