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Simple English definitions for legal terms
error-of-judgment rule
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A quick definition of error-of-judgment rule:
The error-of-judgment rule is a legal principle that says a professional is not responsible for giving advice or an opinion that turns out to be wrong, as long as they acted in good faith and believed it was in the client's best interest. This means that if a professional makes a mistake in their judgment or analysis of a situation that is not clear, they may not be held liable for any resulting harm. For example, a lawyer who makes a mistake in a trial strategy that involves an unclear area of the law may not be sued for malpractice if they acted in good faith. This principle is also called judgmental immunity.
A more thorough explanation:
The error-of-judgment rule is a doctrine that protects professionals from liability for advice or opinions given in good faith and with an honest belief that the advice was in the client's best interests, but that was based on a mistake either in judgment or in analyzing an unsettled area of the professional's business.
For example, an attorney who makes an error in trial tactics involving an unsettled area of the law may, under certain circumstances, defeat a malpractice claim arising from the tactical error. This means that if the attorney acted in good faith and believed that their tactics were in the best interest of their client, they may not be held liable for any negative outcome resulting from the error.
The error-of-judgment rule is important because it allows professionals to make decisions based on their expertise and experience without fear of being sued for every mistake they make. However, it is not a blanket protection and only applies in certain circumstances where the professional acted in good faith and with an honest belief that their actions were in the best interest of their client.