Informed Consent in the Practice of Law

Abstract

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