Also known as: knowing consents · informed consent
Written by attorneys · grounded in primary & secondary sources — see below
An agreement by a person to a proposed course of conduct after the actor has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
Kylie Kerr left private practice to join a state agency. She now seeks to participate in an enforcement action against a former client she represented substantially in private practice. The agency provides written confirmation after receiving full disclosure of the prior representation and the risks involved.
Kiara Kaur's firm represents one client in a contract dispute while another office of the same firm sues that client in an unrelated matter. After full disclosure of the direct adversity and confirmation that a disinterested lawyer could reasonably believe both representations would not be adversely affected, both clients provide written informed consent.
Select any source to read its text and confirm it supports the definition.
Kelsey Kirk previously served as arbitrator in a commercial dispute. She now wishes to represent one of the parties in related post-award proceedings. All parties to the original proceeding review the risks and give written informed consent to the new representation.
Karen Keller's client must decide whether to accept a settlement offer that requires waiving certain claims. Keller promptly communicates the material risks and alternatives so the client can provide informed consent before the decision deadline.
Keisha Kincaid represents two clients with separate claims against the same defendant. She discloses the existence and nature of all claims and the participation of each person before obtaining a signed writing from each client consenting to the aggregate settlement.
Kurtis Kaiser left a firm that previously represented a company in a licensing matter. He now wishes to represent a competitor in a substantially related dispute. After full disclosure, the former client gives written informed consent to the new representation.
Consent is ineffective if the person lacks capacity to understand the nature and consequences of the conduct or if the consent is induced by a material mistake about a basic fact when the actor knows or has reason to know of the mistake. Apparent agreement by a person with dementia who appears confused does not constitute valid consent when the actor knows of the incapacity.
No. The signature must follow communication of adequate information about material risks and alternatives. A form signed without such disclosure or under coercive pressure does not satisfy the requirement.
A lawyer must obtain knowing consent confirmed in writing before participating in a matter involving a former client or role, before an aggregate settlement, or before other conduct where the rules require informed consent. The disclosure must cover material risks and reasonably available alternatives.
…1988 and 1989. § 3203 defines “medical emergency.” § 3205 requires that, before performing an abortion, a physician obtain the informed consent of the woman, and must provide her with specific information at least 24 hours before the abortion is performed. § 3206 requires the informed consent of one parent for a minor to obtain an…