---
title: "Informed Consent (Ethics)"
type: Legal Term
source: https://casebriefly.com/legal-terms/informed-consent-ethics
---

# Informed Consent (Ethics)

Under the Model Rules, informed consent means the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct. It is required in numerous contexts, including waiver of conflicts of interest (Rule 1.7), disclosure of confidential information (Rule 1.6), and certain business transactions with clients (Rule 1.8). The consent must be based on facts and implications that a reasonable client would consider significant, and in many situations must be confirmed in writing. The adequacy of the disclosure is measured from the client's perspective, not the lawyer's.

## Related Terms

- conflict-of-interest
- duty-to-communicate
- duty-of-confidentiality
- fee-agreements

## Related Cases

- marbury-v-madison

## Example

Before representing two co-defendants in a criminal case, the attorney must explain to each client the specific risks that their defenses may diverge and obtain their informed consent confirmed in writing.

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Source: [Informed Consent (Ethics) — CaseBriefly](https://casebriefly.com/legal-terms/informed-consent-ethics)