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A Half Century Of The Maryland Law Review, William L. Reynolds
A Half Century Of The Maryland Law Review, William L. Reynolds
Faculty Scholarship
No abstract provided.
Lawyer Advice And Client Autonomy: Mrs. Jones's Case, William H. Simon
Lawyer Advice And Client Autonomy: Mrs. Jones's Case, William H. Simon
Faculty Scholarship
In one influential view, the lawyer's most basic function is to enhance the autonomy of the client. The lawyer does this by providing the information that maximizes the client's understanding of his situation and minimizes the influence of the lawyer's personal views.
This autonomy or "informed consent" view is often contrasted with a paternalist or "best interest" view most strongly associated with official decisions about children and the mentally disabled. Here the professional's role is to make decisions for the client based on the professional's view of the client's interests.
I am going to argue against the autonomy view that …