Publication Date
5-7-2026
Document Type
Casenote
Abstract
The Supreme Court of Georgia dealt a swift blow to the Court of Appeals of Georgia’s interpretation of judgmental immunity in a recent decision. For over three decades, the court of appeals recognized a subjective defense that shielded attorneys from liability for mistakes made while representing a client. Under this interpretation of judgmental immunity, attorneys prevailed on motions for summary judgment by demonstrating that they had exercised their honest professional judgment in making the challenged decision. Now, in Cox-Ott v. Barnes & Thornburg, LLP, a unanimous opinion by the supreme court held that attorneys are no longer entitled to the protections of the judgmental immunity doctrine, as interpreted by the court of appeals. Gone are the days when attorneys prevailed in malpractice suits solely on a showing of honest professional judgment and decision-making. The supreme court has held that the standard for attorneys in malpractice actions is whether their conduct falls below the standard of reasonable care in the legal profession.
By redefining this defense, the supreme court has increased attorneys’ exposure to malpractice litigation for their conduct while representing clients. Attorneys will be less likely to succeed on motions for summary judgment and will face various professional and financial repercussions arising from malpractice suits. Georgia lawyers’ best practice should be to carefully document the research and investigation underlying their judgments to protect against potential malpractice suits. The redefinition of judgmental immunity will also likely increase the cost of settling malpractice claims, raise malpractice insurance costs, and lead to more arbitration clauses in engagement agreements. The supreme court’s redefinition of judgmental immunity will ultimately reshape the risks attorneys across Georgia face in client representation and have far-reaching effects on attorney conduct.
Recommended Citation
Notte, Valeria
(2026)
"What Attorneys “Ott” To Do: The Supreme Court Clarifies Judgmental Immunity in Georgia,"
Mercer Law Review: Vol. 77:
No.
5, Article 9.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol77/iss5/9