Troice v. Greenberg Traurig, LLP, No. 17-11464 (5th Cir. 2019)Annotate this Case
Under Texas law, an attorney is immune from civil suits brought by a non-client when the conduct at issue occurred within the scope of the attorney's representation of a client. The Fifth Circuit agreed with the district court and rejected three purported exceptions to this doctrine.
This case related to the R. Allen Stanford Ponzi Scheme and an attorney that was practicing at Greenberg Traurig who was involved in the scheme. Plaintiffs filed suit against defendants under a respondeat superior theory, alleging that the attorney conspired with Stanford to further the fraud. Denying the motion for certification, the court held that it was not persuaded that the Supreme Court of Texas would apply the attorney immunity doctrine in the non-litigation context; criminal conduct does not automatically negate immunity, but in the usual case it will be outside the scope of representation; immunity can apply even to criminal acts so long as the attorney was acting within the scope of representation; and the Supreme Court of Texas would not consider itself sure that the Texas Legislature intended to abrogate attorney immunity in the context of Texas Securities Act claims.