Also known as: informed consent requirements · informed consent
Written by attorneys · grounded in primary & secondary sources — see below
A requirement that a person agree to a proposed course of conduct only after the lawyer or other actor has communicated adequate information and explanation about the material risks of and reasonably available alternatives to that course.
Igor Ito left private practice to join a state regulatory agency. The agency now asks him to handle an enforcement action against a company he had represented in a related licensing dispute. Without the agency's written informed consent, Igor cannot participate in the matter.
Ike Ingram's firm represents Innovate Pharmaceuticals in a patent licensing deal. The same firm simultaneously sues Innovate on behalf of another client in an unrelated contract dispute. Innovate's informed consent is required before the firm may continue both matters.
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Ines Ibarra served as an arbitrator in a commercial dispute between Insight Consulting and Interlink Communications. After leaving the bench, Ines is asked to represent Interlink in the same dispute. All parties must give informed consent in writing before she may accept the engagement.
Ian Iverson's client must decide whether to waive a conflict that has arisen mid-representation. Ian must promptly inform the client of the circumstances requiring informed consent before the client can validly agree to proceed.
Ingrid Innes represents two plaintiffs injured in the same accident. The defendant offers a lump-sum settlement to be divided between them. Each client must give informed consent in a signed writing that discloses the total amount and each person's share before Ingrid may participate in the settlement.
Imran Iyer joins a new firm that previously represented a company now adverse to his current client in a substantially related transaction. Imran possesses material confidential information from the prior matter. The former client must give informed consent in writing before Imran may proceed.
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
Some rules require informed consent confirmed in writing while others require a writing signed by the client. The specific rule at issue determines the form required.
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Direct adversity in the same matter creates a per se conflict that is presumptively improper. Informed consent from all affected clients is required and is available only when a disinterested lawyer could reasonably believe the representations would not be adversely affected.
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…is not maximizing the number of abortions, but maximizing choice"). We acknowledge that in Thornburgh this Court struck down informed consent requirements similar to the ones at issue here. See id. , at 760-764. It is clear, however, that while the detailed framework of Roe led to the Court's invalidation of those informational…