Schwartz & Ponterio, PLLC holds lawyers responsible for legal malpractice.

Lack of consent may constitute legal malpractice

On Behalf of | Dec 14, 2023 | Legal Malpractice

Informed consent is the cornerstone of a healthy attorney-client relationship. It goes beyond a mere agreement to proceed with legal actions; it involves the client truly comprehending the potential risks, benefits and alternatives. This transparency is crucial, as it helps clients make decisions with a clear understanding of the potential implications of their actions.

Legal representatives bear the responsibility of informing their clients about all relevant aspects of their cases. This includes potential outcomes, risks, costs and alternative courses of action. Failure to fulfill this duty constitutes a breach of professional ethics and may constitute legal malpractice.

When can a lack of consent lead to legal malpractice?

Effective communication between lawyers and clients is fundamental. If an attorney fails to adequately communicate key information, leading to a lack of informed consent, it can be considered legal malpractice. Providing negligent legal advice without informing the client of the potential risks can be grounds for legal malpractice. Clients have the right to expect competent and informed guidance from their legal representatives.

In a legal malpractice case, the burden of proof lies with the plaintiff. Establishing that the lawyer failed to obtain informed consent is a critical element. This may involve presenting evidence of inadequate communication or undisclosed conflicts of interest.

To succeed in a legal malpractice claim, the plaintiff ought to demonstrate that the lack of informed consent resulted in tangible harm. This harm could be financial, reputational or related to the loss of legal rights.

The lack of consent in legal representation is a grave legal matter that can lead to legal malpractice claims. Clients have the right to expect transparency, communication and ethical conduct from their attorneys. If these expectations are unmet, pursuing legal action may be necessary to rectify the harm caused.