Informed consent in medicine reshaped legal ethics toward collaborative lawyer-client decision-making.

Evidence

In recent years, however, this model of professional dominance has been challenged. In medicine, this is reflected in the development of the notion of informed consent: Physicians should explain the various options available to patients and proceed with a course of treatment only after receiving their consent. In law, too, the idea of a more collaborative relationship between lawyer and client has gained currency. … Proponents of this more cooperative approach suggest that clients should consider, along with their lawyers, such matters as “whether to sue at all, the ground rules of the lawyer’s and client’s mutual contact, the lawyer’s fee, the preparation of the case, the best time to sue, whether to seek a jury trial or special trial preference, various issues of settlement strategy, and the preparation for examination before trial.” — G. Alan Tarr, Judicial Process and Judicial…, 1168

Categorization

  • XREF: Cross-domain parallel: medical informed consent as the model for the legal shift from paternalism to client participation. — connects to: Community partnerships in research shift participation beyond informed consent into shared knowledge creation — David Schlosberg, Defining Environmental Justice:…, 253; Ethical ideals differ between client-loyalty and justice-serving lawyers — G. Alan Tarr, Judicial Process and Judicial…, 933; Health-based ethics replace prohibition with harm-diagnosis — Mark Fisher, Capitalist Realism: Is There No…, 149 (+12 more)

Broader Connections