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
- The lawyer-client relationship is shifting from professional dominance toward collaboration
#corroborates(0.95) — G. Alan Tarr, Judicial Process and Judicial…, 756 - Community partnerships in research shift participation beyond informed consent into shared knowledge creation
#expands(0.90) — David Schlosberg, Defining Environmental Justice, 253 - The supervision of normality thrived under the joint shelter of medicine and law
#complicates(0.80) — Michel Foucault, Discipline & Punish- The Birth of the…, 452 - Solicited moral judgments risk demand effects.
#complicates(0.80) — Kurt Gray and Daniel M. Wegner, Moral Typecasting, 156 - Ethical ideals differ between client-loyalty and justice-serving lawyers
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 933 - Medical persuasion operates emotionally rather than through factual information
#complicates(0.75) — Holm Gero Hümmler, Ulrike Schiesser, Fact and Prejudice, 653 - Patient participation in treatment decisions boosts compliance
#complicates(0.75) — Holm Gero Hümmler, Ulrike Schiesser, Fact and Prejudice, 642 - True informed autonomy requires clearly marking dangerous treatment boundaries
#complicates(0.75) — Holm Gero Hümmler, Ulrike Schiesser, Fact and Prejudice, 651 - Algorithms can reduce human bias in legal decision-making
#complicates(0.75) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1140 - Unacknowledged unconscious bias still influences attorney behavior
#complicates(0.75) - Ethical habituation aims to make conscious choice redundant yet still requires vigilant self-monitoring
#complicates(0.75) — Saba Mahmood, Politics of Piety, 964 - Delegate and trustee lawyering each create distinctive ethical dilemmas
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 610 - Effective trial advocacy rests on narrative persuasion rather than legal argument alone
#complicates(0.75) — Tamara Lanier, From These Roots, 774 - Ethical canons permit lawyers to lobby only publicly by reasoned argument
#complicates(0.75) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 285 - Health-based ethics replace prohibition with harm-diagnosis
#complicates(0.70) — Mark Fisher, Capitalist Realism, 149