A lack of consent is a common ground in legal malpractice cases. Lawyers are prohibited from taking certain actions without informed consent from their clients. As a client, it’s vital to know these circumstances to identify malpractice conduct.
Here is when your lawyer needs your informed written consent:
Conflict of interest
A lawyer representing a client in a situation where the lawyer’s representation may be limited by their responsibility to or relationship with another client, a former client or a third party needs informed written consent from all affected parties.
This should also apply if a lawyer’s ability to represent a client is limited by their own interests. For example, when a lawyer is negotiating a contract for a client with a company that they have personal financial interests in or representing a client in a lawsuit against a company the lawyer owns shares in.
Disclosing information
Before disclosing any client’s information legally protected from disclosure, a lawyer should obtain informed written consent from the client.
However, there are instances when a lawyer may reveal information without the client’s informed consent and not get into legal trouble. For example, when they reasonably believe that disclosure is necessary to prevent a criminal act that is likely to result in death or substantial bodily harm to another person
Accepting compensation
Your lawyer should not accept compensation for representing you from any party other than you without obtaining your informed written consent.
Engaging in mediation
A lawyer needs to obtain informed written consent from their client before engaging in mediation. This consent should acknowledge that the client understands the restrictions on mediation confidentiality.
If a lawyer acts without your informed consent in a circumstance that requires it, you may have experienced legal malpractice. Get more information about your case to know how to protect your rights.