Also known as:informed consents · informed-consent
Written by attorneys · grounded in primary & secondary sources — see below
Agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
Sources & Authorities
How it applies
Common Examples
6
Government Agency Waiver
Israel Irving left private practice to join a state agency. The agency now seeks to have him participate in a matter he handled substantially while in private practice. The agency provides written informed consent after receiving full disclosure of the risks and alternatives, allowing Israel to proceed without violating the conflict rules.
Concurrent Client Conflict
Ines Ibarra's firm represents Client A in one matter while another office of the firm sues Client A in an unrelated case. All affected clients receive full disclosure of the risks and alternatives and provide informed consent in writing, permitting the firm to continue both representations.
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Cases
Model Codes
Casebooks
Hornbooks
Course Outlines
Study Supplements
Dictionaries
Former Judge Representation
Igor Ito previously served as a law clerk on a case. He now seeks to represent a party in that same matter. All parties to the proceeding receive full disclosure of the risks and alternatives and give informed consent confirmed in writing, allowing Igor to proceed.
Required Client Disclosure
Ian Iverson's lawyer must obtain informed consent before taking a step that requires client approval under the rules. The lawyer promptly communicates the material risks and available alternatives to Ian, who then agrees after full explanation.
Aggregate Settlement Consent
Insight Consulting represents multiple clients in related claims. The firm proposes an aggregate settlement and discloses the existence and nature of all claims plus each client's participation. Each client gives informed consent in a signed writing after receiving the required information.
Former Firm Matter Consent
Idina Iverson joins a new firm. That firm previously represented a client in a substantially related matter now adverse to her current client. The former client receives full disclosure of the risks and alternatives and gives informed consent confirmed in writing, allowing the representation to continue.
Common questions
Frequently Asked
4
What information must a lawyer communicate to obtain informed consent?+
The lawyer must communicate adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
Supporting sources
Does informed consent always require a writing?+
Some rules require informed consent confirmed in writing while others require a writing signed by the client. The specific rule at issue determines the writing requirement.
Supporting sources
Can a client waive a conflict through informed consent when the lawyer represents multiple clients in an aggregate settlement?+
Yes, but each client must give informed consent in a writing signed by the client after the lawyer discloses the existence and nature of all claims or pleas and each person's participation.
Supporting sources
When is informed consent required from a government agency under the conflicts rules?+
A government agency must give informed consent confirmed in writing before a lawyer may participate in a matter in which the lawyer participated personally and substantially while in private practice.
Supporting sources
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)Constitutional Law
…1988 and 1989. § 3203 defines “medical emergency.” § 3205 requires that, before performing an abortion, a physician obtain the informed consent of the woman, and must provide her with specific information at least 24 hours before the abortion is performed. § 3206 requires the informed consent of one parent for a minor to obtain an…