Also known as: informed consent doctrines · informed consent
Written by attorneys · grounded in primary & secondary sources — see below
An agreement by a client or former client to a proposed course of conduct after the lawyer communicates adequate information and explanation about the material risks of and reasonably available alternatives to that course. The doctrine permits representation that would otherwise be barred by conflicts when the affected parties provide this consent in the required form.
Iain Irons left private practice to join a state agency. The agency now asks him to handle enforcement against a company he once sued on behalf of a former client. The agency provides written informed consent after Irons explains the prior representation and the risks of divided loyalty. With that consent, Irons may participate in the matter.
Infinity Bank retains a firm to defend it in a contract action while the same firm represents another client suing the bank in an unrelated foreclosure. The firm discloses the direct adversity to both clients and obtains written informed consent from each after explaining the risks. The consents allow the firm to continue both representations.
Select any source to read its text and confirm it supports the definition.
Isabelle Inman, a former arbitrator, is asked to represent a party in a contract dispute she previously mediated. She discloses her prior role to all parties in the new matter. After each party gives informed consent confirmed in writing, Inman accepts the representation.
Ivy Ibarra's lawyer learns that a proposed settlement requires Ivy's informed consent under the ethics rules. The lawyer promptly explains the decision and the material risks and alternatives. Ivy then provides the required consent in writing.
Insight Consulting represents three plaintiffs in related claims against one defendant. The lawyer proposes an aggregate settlement and discloses the existence and nature of all claims plus each client's share. Each plaintiff signs a written consent after receiving the required information.
Idris Ives joins a new firm that previously represented a client now adverse to Ives's current client in a substantially related matter. Ives had acquired material confidential information at his old firm. The former client gives informed consent confirmed in writing after full disclosure.
The lawyer must communicate adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct. This disclosure enables the client to make an informed decision.
Supporting sources
Consent is required before a lawyer may represent a client in a matter in which the lawyer participated personally and substantially while in private practice, serve as counsel after acting as a judge or arbitrator, participate in an aggregate settlement, or represent a person adverse to a former firm's client when material confidential information was acquired.
Supporting sources
Many rules require informed consent confirmed in writing, such as when a former government lawyer participates in a matter or when a lawyer represents someone in a matter after serving as a judge or arbitrator. The aggregate-settlement rule requires a writing signed by the client.
Supporting sources
No. Consent is ineffective if a disinterested lawyer could not reasonably believe the representation would not be adversely affected or if the conflict involves assertion of a claim by one client against another in the same litigation.
…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…