The doctrine holds that an attorney is not liable for an error in judgment on an unsettled point of law or a strategic decision, provided the judgment was informed and reasonable.
It does not protect failures to research or to know settled law.
Alternative Names:
Attorney Judgment Rule, Error in Judgment Rule
Why it Matters?
The doctrine protects strategy rather than ignorance, and the distinction is where these cases are decided. A lawyer who researched a debatable question and chose a defensible position is protected; one who never researched it is not, because the immunity presupposes an informed judgment. Documenting the analysis behind significant strategic decisions is accordingly a malpractice defense as well as good practice.
Frequently Confused with
Related terms
Frequently asked questions
What does judgmental immunity protect?
How is the defense supported?
