Arnoff & Jacobs write in the 3/2/07 NYLJ about "informed Consent and Legal Malpractice"

"Even most laypersons know what informed consent is in the context of dental and medical practice. An interesting and important issue to address is when informed consent comes into play in a legal malpractice action, both as a claim and defense.

A review of recent cases and the Code of Professional Responsibility demonstrates that the doctrine is applicable in legal malpractice actions but only in defined and limited contexts where a decision has to be made as to a future course of conduct that will have a material impact on whether the objectives the lawyer was retained for will be accomplished.

The contexts where it is most evident are in the understanding of contracts that are not self-evident to the client, settlements and other compromises in litigation; material but variable conflicts of interest; the ongoing status of the matter for which the lawyer was retained, and fees."