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.
Mark Spiegel. "Lawyering and Client Decisionmaking: Informed Consent and the Legal Profession." University of Pennsylvania Law Review 128, (1979): 41-140.
Business Organizations Law Commons, Contracts Commons, Law and Society Commons, Legal Ethics and Professional Responsibility Commons, Legal Writing and Research Commons, Litigation Commons, Social Welfare Law Commons