Also known as: informed consent standards · informed consent
Written by attorneys · grounded in primary & secondary sources — see below
An 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. The standard requires disclosure sufficient for the consenting party to make an informed decision and is confirmed in writing when the applicable rule so demands.
Irene Ingalls left private practice to join a state agency. The agency now asks her to handle enforcement against a company she once represented on the identical regulatory issue. The agency gives written informed consent after full disclosure of the prior work, allowing Irene to proceed without violating the participation bar.
Ian Iverson's firm represents Ideal Solutions in a contract dispute while another office sues the same company on an unrelated patent claim. Ideal Solutions and the patent plaintiff both receive full disclosure of the adversity and provide written informed consent after confirming a disinterested lawyer would find no material harm.
Select any source to read its text and confirm it supports the definition.
Israel Irving served as a law clerk on a commercial arbitration. Months later a party asks him to represent it in related litigation. All parties to the arbitration receive complete disclosure of his prior role and give written informed consent, permitting the representation to continue.
Ilana Isaacs must decide whether to waive a conflict arising from her lawyer's prior work. The lawyer promptly explains the material risks and available alternatives. Ilana then provides informed consent, satisfying the lawyer's duty to keep the client informed of decisions requiring agreement.
Idris Ives represents three plaintiffs injured in the same accident. An insurer offers a lump-sum settlement. Idris discloses the total amount, each client's share, and the participation of every person, then obtains each client's informed consent in a signed writing before finalizing the aggregate deal.
Ibrahim Iqbal joins a new firm that previously represented a competitor in a substantially related transaction. The competitor's interests are materially adverse. After the former client receives full disclosure of the protected information held by the new firm, it gives written informed consent allowing the representation.
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 or other affected person to make an informed decision before agreeing.
Supporting sources
Several Model Rules require written confirmation, including when a former government lawyer participates in a matter, when a former judge or arbitrator represents a party, when a former firm associate represents an adverse party, and when clients consent to an aggregate settlement.
Supporting sources
No. Consent is ineffective if the lawyer cannot reasonably believe competent and diligent representation can be provided to each client or if the representation is prohibited by law. Discovery of new facts showing material adversity can render prior consent unreasonable even if it was initially valid.
Supporting sources
…v. Society of New York Hospital , 211 N. Y. 125, 129-130, 105 N. E. 92, 93 (1914). The logical corollary of the doctrine of informed consent is that the patient generally possesses the right not to consent, that is, to refuse treatment. See, e. g., In re Storar , 52 N. Y. 2d 363, 373, 420 N. E. 2d 64, 69 (1981); Superintendent…