Law360, New York ( November 21, 2014, 1:56 PM EST) -- Recently, the U.S. Court of Appeals for the Ninth Circuit handed down a decision that is of potential concern to lawyers who draft a court order at the direction of a judge. In Burton v. Infinity Capital Management, the Ninth Circuit held that a lawyer who drafted an order at the direction of a state court judge was not entitled to absolute quasi-judicial immunity for a claim brought against the lawyer based on the theory that the draft order the lawyer prepared violated the automatic stay in bankruptcy proceedings.[1] The court held that because private parties are not generally entitled to judicial immunity, and because here the lawyer did not exercise the discretion used by a judicial officer, he was not entitled to immunity.[2]...