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

joined by Chief Justice Hecht, Justice Johnson, and Justice Willett, dissenting.

The Court holds that Cantey Hanger conclusively established its affirmative defense of attorney immunity because its alleged conduct occurred within the scope of its representation of Simenstad in the divorce proceeding. 467 S.W.3d 477, 480. While I agree with much of the Court’s description of the attorney immunity doctrine and the purposes underlying it, I think the Court overlooks an important element of the form of attorney immunity at issue in this case — that the attorney’s conduct must have occurred in…