What is "informed consent" under the Model Rules?

The concept of "informed consent" under the Model Rules is fundamentally about ensuring that a client comprehensively understands the relevant information regarding decisions they are making in relation to their legal representation. This means that the client must be provided with all necessary facts that might impact their choices, including the potential risks, benefits, and alternatives of a proposed action.

Informed consent is not merely about the client giving agreement; it emphasizes that such agreement is based on a clear understanding of what they are consenting to. This involves a communicative process where the attorney must ensure that the client is adequately informed before making any decisions.

This understanding is integral to professional conduct and reinforces the importance of communication between a lawyer and their client. Informed consent aims to empower clients, enabling them to participate actively in decisions affecting their legal matters, thereby promoting ethical practice in the legal profession.