There are a lot of important factors in the relationship between an attorney and their client – and “informed consent” is one of them.
Attorneys are bound by certain ethical obligations that emphasize the importance of clear communication to avoid misunderstandings, conflicts and violations of the client’s autonomy.
What does informed consent mean?
In general, it means that an attorney is obligated to make sure that you understand your legal situation to the best of your ability so that you can make the decisions that will align with your personal beliefs and objectives. In practice, that means your attorney should:
- Explain the strengths and weaknesses of your case, so that you understand what challenges are likely to be between you and your goals. This helps you understand all possible outcomes and have a realistic expectation about your odds of success.
- Make sure that you understand the costs of your case, including the legal fees and other out-of-pocket costs you can expect so that you aren’t surprised by an unexpected bill for their services.
- Clearly convey the scope of their representation, especially in situations where you may need more than one attorney to handle your needs.
- Communicate all of your available options, including any deals proffered by the other side or settlement offers, since you are ultimately the only person who understands your tolerance for risk and your desires.
An attorney is always obligated to remember that the client is really the person in charge of their case. They are merely there to be their advocate and guide. If an attorney forgot that and your case suffered as a result, you may be the victim of legal malpractice. That makes it time to seek a second opinion and further information about your options.