The Legal Malpractice News blog reports:
"Upon entering a legal malpractice case to a trial court in Kentucky, the court stated to the jury:
Provided, however, a lawyer cannot be held responsible for errors in judgment or for advising a course of action even if that course of action ultimately proves to be unsuccessful.
The jury ultimately voted in favor of the attorney. However, recently, the kentucky Supreme Court reversed this particular verdict, blaming the trial court for leading the jury to believe that an attorney may not be held liable for errors in judgement. This seems to be the infamous "judgemental immunity" defense. "