Where are the borders of the acceptable lawyer’s paternalism? A client’s informed consent in Bosnia and Herzegovina
Author(s)' contact information
Faculty of Law, University of Banjaluka, Bosnia and Herzegovina
International Legal Ethics Conference VI
City University London
Bosnia and Herzegovina
Select the option that describes the rights you hold in the attached content
I hold complete rights to all intellectual property in the attached content and have the power to grant the license, if any, that I have chosen below.
Select a license for the attached content
"Copy": I give permission for other users to download the attached content and copy, distribute, and repost it on the web, as long as they credit the author(s) and the publication and provide relevant identifying citation information (volume, page numbers, year of publication, city of publication), do not change the work in any way, and do not use it commercially. ("Attribution-NonCommercial-NoDerivatives" Creative Commons license)
The principle of the patient’s informed consent, which requires a patient’s fully-informed consent prior to the medical treatment, is closely connected with the value of human dignity. To deny a patient the possibility of making rational and appropriate choices about his health means to deprive him of his personal autonomy, i.e. his basic dignity. Similar could be said for the attorney-client relations. However, as the providers of legal help lawyers are often confronted with unrealistic, subjective and even dangerous clients’ expectations. Is it morally acceptable for an attorney to avoid client’s wishes, even if these wishes may seriously undermine client’s chances for successful result? In the first part of the paper the ethical importance of the client’s informed consent doctrine will be explained. Then, the valid legal regulations in Bosnia and Herzegovina (its component units: Republic Srpska and the Federation Bosnia and Herzegovina) will be analyzed, as well as some controversies regarding their realization.