Lawyers have to make judgment calls in representing clients. Often, a lawyer must call on her training and experience, as well as her view of the law and facts, to make recommendations to a client. This can include decisions about what terms to include in a deal to meet the client’s goals, whether to call a specific witness at trial, or even what law should apply to an issue.

In Georgia, like in many other states, there is a certain deference given to lawyers who exercise their professional judgment when making a recommendation to a client, even if in hindsight the decision turns out to be unfavorable to the client’s interests. This is called the judgmental immunity doctrine or the professional judgment rule. This doctrine typically protects a lawyer’s well-exercised judgment, notwithstanding the outcome, where those decisions are based on the lawyer’s reasonable and professional judgment.