Informed Consent in the Practice of Law
George Washington Law Review, Vol. 48, 1980
48 Pages Posted: 10 Jul 2008 Last revised: 11 May 2012
Date Written: 1980
Legal malpractice decisions that rely on the professional standard of care are expanding to reemphasize fiduciary principles at the heart of the attorney-client relationship. Informed consent has been defined in a growing group of cases. These opinions protect the client's right to choose by building on fiduciary principles of nineteenth century cases that focused on the client's reasonable expectations.
Keywords: Informed Consent, Malpractice, Model Rules of Professional Conduct, Human Dignity, Rational Decision Making, Client Fraud, Professional Self-Scrutiny, Constructive Fraud, Custom, Causation, Client Control, Res Ipsa Loquitur, Battery, Negligence, Writing
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