Judgmental immunity
Term · Insurance and risk management · MLC-T-INS-001940
A defense in legal malpractice claims under which a lawyer is not liable for an error of judgment on an unsettled point of law, or for a reasonable tactical choice made in good faith, even when the choice later proves wrong. It reflects the view that attorneys cannot be expected to predict how courts will resolve open questions. Some courts decline to apply it where the lawyer did not research the point, and it is a recurring defense in lawyers' professional liability claims.
| Identifier | MLC-T-INS-001940 |
|---|---|
| Field | Insurance and risk management |
Record as JSON
{
"id": "MLC-T-INS-001940",
"term": "Judgmental immunity",
"field": "Insurance and risk management",
"definition": "A defense in legal malpractice claims under which a lawyer is not liable for an error of judgment on an unsettled point of law, or for a reasonable tactical choice made in good faith, even when the choice later proves wrong. It reflects the view that attorneys cannot be expected to predict how courts will resolve open questions. Some courts decline to apply it where the lawyer did not research the point, and it is a recurring defense in lawyers' professional liability claims.",
"url": "https://mlchart.com/terminology/insurance/judgmental-immunity/"
}
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