No Malpractice For Guardian

When a lawyer acts for a minor child in a New Jersey divorce action, she is usually appointed guardian ad litem. In this case, the lawyer-defendant was appointed to represent the child in a custody and child support proceeding. After the litigation, this lawyer was sued for malpractice, for alleged negligence in carrying out her representation. But the malpractice case was thrown out because the lawyer enjoyed absolute immunity due to her functioning in a quasi judicial capacity. The decision followed prior precedents in Minnesota, Missouri, South Carolina, Texas and Wisconsin. Sarkisian v. Benjamin, Mass. App. Ct., January 18, 2005; http://pub.bna.com/fl/031265.htm.