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

Susan R. Martyn

University of Toledo - College of Law

Date Written: 1980

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

Suggested Citation

Martyn, Susan R., Informed Consent in the Practice of Law (1980). George Washington Law Review, Vol. 48, 1980. Available at SSRN: https://ssrn.com/abstract=1158021

Susan R. Martyn (Contact Author)

University of Toledo - College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States
419 530-4212 (Phone)
419 530-2821 (Fax)

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