An Informed Consent Concordance

Informed consent. It sounds like such a good thing for a lawyer to obtain from a client – far superior, or at least less hazardous to one’s professional liability, than uniformed consent. Why then does “informed consent” rank among my 5 Most Dangerous Rules of Professional Conduct?[i]

First, while, like the magical Liopleurodon, most lawyers have heard of “informed consent,” based on my interaction with the bar it seems only a few have a clue where to find it in the Rules.  It’s hidden in plain sight – in Rule 1.0 (Terminology) – asection of the RPC which typically receives the same close scrutiny as the forward to a book or an Apple End User Agreement.

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