Judgmental Immunity — immunity from professional liability claims that lawyers enjoy when they commit errors in judgment during the course of litigation.
It is generally understood that lawyers have some form of immunity from civil liability to non-clients for their statements or actions taken in connection with representing a client in litigation.
There are two types of immunity in such cases: Transactional immunity provides blanket protection from prosecution for crimes that a witness is required to testify about. Derivative use immunity prohibits information provided by someone from being used against them.
Doctrine increasingly upheld, but has limits A state supreme court recently held that attorneys can assert immunity as a defense to claims such as fraud and conversion if the conduct in question is in furtherance of client representation.
Generally, freedom from legal obligation to perform actions or to suffer penalties, as in "immunity from prosecution".
The forensic immunity enjoyed by solicitors and barristers was 'because their duty to the court might conflict with their duty to their clients' (at 354).
CONSTITUTIONAL LAW; STATE IMMUNITY FROM SUIT; SETTLED RULE. — The State may not be sued without its consent. The Republic cannot be proceeded against unless it allows itself to be sued.
There are two types of immunity: active and passive.