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Lawyering and Client Decisionmaking: Informed Consent and the Legal Profession

By Mark Spiegel

Abstract

In this Article, Professor Spiegel examines the doctrine of informed consent as it relates to the legal profession. The Article first traces the development of the informed-consent doctrine and then considers the extent to which current legal doctrines and professional norms incorporate informed consent between lawyers and their clients. Professor Spiegel suggests that the predominant focus of informed consent is on a lawyer’s power to bind his client vis-à-vis third parties and advocates for the development of an informed-consent doctrine that accounts for the interests of all parties involved. Professor Spiegel concludes with a discussion of the application of his proposed doctrine and the limitations of its implementation

Topics: doctrine of informed consent, legal profession, client control, legal malpractice litigation, civil law, lawyer-client relationship, Contracts, Law and Society, Legal Analysis and Writing, Legal Profession, Partnerships, Practice and Procedure, Professional Ethics, Social Welfare, Business Organizations Law, Contracts, Law and Society, Legal Ethics and Professional Responsibility, Legal Writing and Research, Litigation, Social Welfare Law
Publisher: Digital Commons @ Boston College Law School
Year: 1979
OAI identifier: oai:lawdigitalcommons.bc.edu:lsfp-1157
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