Judgmental Immunity in SC – You be the Judge.
Written by Ronnie Richter / Eric Bland
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20 June 2011
Of all the decisions of the SC Supreme Court issued in 2010 and addressing the conduct of lawyers, perhaps the decision with the greatest future impact on the practice of law is Harris Teeter, Inc. vs. Moore& Van Allen, PLLC, 701 S.E.2d 742. In Harris Teeter, our court considered the adoption of the doctrine of judgmental immunity in legal malpractice, and decided, at least for now, to defer the issue – or did they? Under judgmental immunity, "there can be no liability for acts and omissions by an attorney in the conduct of litigation which are based on an honest exercise of professional judgment." Id., at 750 [citation omitted]. It is a supposedly sound doctrine in that it is said to discourage unhappy clients from suing over acts which are viewed through the lens of hindsight. In other words, it is an "Anti-Monday Morning Quarterback" rule. While the court indicates that the issue is left open, their analysis of the claim begs otherwise.
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