Texas Attorney Must Face Client Poaching Suit, Appeals Court Says

Houston-based attorney Anthony G. Buzbee lost his bid to toss a tortious interference claim filed by another local law firm over alleged client poaching, with a state court of appeals opinion affirming a lower court’s decision.

The Court of Appeals of Texas, First District, denied the motion by Buzbee and Buzbee Law Firm to dismiss the suit under the state’s anti-strategic lawsuit against public participation law. Buzbee’s law firm allegedly promised to pay a client’s contingency fee related to a wrongful death suit, if she terminated her agreement with personal injury firm Terry & Thweatt PC. The court found that Buzbee’s alleged actions aren’t protected by the Texas Citizens Participation Act.

Buzbee argued that he and his firm exercised their free speech, association, and petition rights. Though the TCPA law has exemptions for commercial speech, Buzbee argued that they didn’t apply because statements at issue attributed to the Buzbee defendants were about the rival law firm’s services, and not their own services.

The court disagreed, adding that the “key communication” is Buzbee’s alleged promise to the potential client that his firm would pay the fees owed to Terry & Thweatt.

“Here, the alleged statement arises out of Buzbee’s sale of legal services,” the opinion by Judge April L. Farris said. “We conclude the alleged statement arises out of a commercial transaction involving the kind of services the Buzbee parties provide.”

The appeals court affirmed that the trial court didn’t err by denying Buzbees’ TCPA motion to dismiss.

Justices Richard Hightower and Veronica Rivas-Molloy joined the opinion.

The case is Buzbee v. Terry & Thweatt, P.C., Tex. App., 1st Dist., No. 01-20-00659-CV, 1/6/22.