Latham v. Castillo

in which PHILLIPS, Chief Justice, Baker, Abbott and Hankmson, Justices, join.

In this case, we consider whether an attorney’s affirmative misrepresentations to his clients that cause the clients to lose their day in court can constitute unconscionable action under the Deceptive Trade Practices-Consumer Protection Act. The court of appeals answered in the affirmative. We affirm the court of appeals’ remand of the DTPA claim, and we reverse and render judgment that the Castillos take nothing on their remaining claims.

I

On January 3, 1986, Audona Castillo prematurely gave birth to twin daughters,…