Cantey Hanger, LLP, Petitioner v. Philip Gregory Byrd, Lucy Leasing Co., L.L.C., and Pgb Air, Inc., Respondents

Summary

The Texas Supreme Court held that Cantey Hanger, LLP is entitled to summary judgment on its affirmative defense of attorney immunity because its alleged conduct in preparing a bill of sale was within the scope of its representation of its client in the divorce litigation, and therefore the court of appeals' judgment was reversed. The Court reasoned that attorney immunity focuses on the type of conduct, not on its merit, and that there is no fraud exception to the doctrine. Justice Green dissented, arguing that the conduct must have occurred in litigation and that summary judgment was improper.