Judgmental Immunity — immunity from professional liability claims that lawyers enjoy when they commit
errors in judgment during the course of litigation. Accordingly, an assertion
that, for example, a lawyer utilized improper trial tactics or employed what
turns out to be an ineffective defense strategy (e.g., allowing a criminal
defendant to testify in his own behalf, which may or may not be advantageous,
depending upon the circumstances) is generally insufficient to support a cause
of action for professional liability. However, judgmental immunity does not
shield a lawyer from liability if the errors are so egregious that they clearly
fall below the requisite, minimum required standard of care (e.g., failing to
call a crucial witness or neglecting to introduce a significant piece of
evidence).