Also known as: MRPC 1.0 · Model Rule 1.0
Written by attorneys · grounded in primary & secondary sources — see below
A definitional rule in the Model Rules of Professional Conduct that supplies the meanings of terms used throughout the Rules. Informed consent under subsection (e) requires agreement by a person after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
Brandon represents Crown Haul in a regulatory proceeding. An agency official emails an informal proposal requiring expensive fleet-wide monitoring equipment as a condition of any consent order. Brandon explores cheaper alternatives without first telling Crown Haul management about the proposal. The definition of informed consent in Rule 1.0(e) determines that the client must receive the information before any response that could bind the company.
Morgan represents Swift Plastics in a product-liability suit. Carrie, the owner, repeatedly requests detailed updates on deadlines and risks. Morgan misses several discovery deadlines and faces a default-judgment motion but replies only with general assurances that the matter is under control. The definition of informed consent in Rule 1.0(e) shows that the client needed the specific information to decide on next steps.
Select any source to read its text and confirm it supports the definition.
Rule 1.0(e) defines informed consent as agreement by a person after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct. This definition controls when Rule 1.4(a)(1) requires prompt disclosure of decisions or circumstances needing client consent.
Supporting sources
Rule 1.0(e) supplies the meaning of informed consent that triggers the disclosure obligation in Rule 1.4(a)(1). A proposal imposing millions in costs and fleet-wide changes constitutes a circumstance requiring client consent, so the lawyer must disclose it promptly rather than negotiate unilaterally.
Supporting sources
Rule 1.0 defines knowledge as actual knowledge of the fact in question. This actual-knowledge standard determines whether a lawyer must obtain informed consent before proceeding with a course of conduct that binds the client.
Supporting sources