Where a solicitor's alleged negligence consists of failing to advise on and pursue an alternative form of relief (proprietary rather than personal), this constitutes work done out of court affecting the conduct of the case in court and is subject to advocate's immunity. A failure to join a party is not outside the immunity where the joinder is ancillary to the alternative claim rather than based on an independent cause of action. For limitation purposes, a cause of action for professional negligence accrues when the client's opportunity to pursue the alternative remedy is irrevocably lost by election at trial, not when subsequent quantification orders are made.
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