How One Word in TCPA Puts Pro Bono Litigants at a Disadvantage

When the Texas Supreme Court in February determined a prosecutor’s libel lawsuit against an East Texas newspaper should be tossed because the article he complained about was “substantially true,” it should have meant the attorney who took that case was entitled to have the losing party pay for the legal services that achieved that result.

But because of one word in the Texas Citizens Participation Act requiring that such attorney fees be “incurred,” Tom Leatherbury, who took the case pro bono once it reached the Texas Supreme Court, wasn’t able to recover any of the roughly $65,000 in fees he would have normally received. When a Polk County District Court judge entered final judgment in that case on June 25, the attorneys who represented journalist Valerie Reddell and Polk County Publishing Company in the lower courts were awarded about $92,000 in attorney fees and Reddell also was awarded $25,000 as a sanction against Tommy Coleman.