Professional Responsibility: Conceptual Rescue and Plea for Reform

Area of Science:

• Legal Studies
• Sociology of Law
• Professional Ethics

Background:

• Knowledge asymmetry is a defining feature of lay-professional relationships.
• Current legal frameworks addressing lay vulnerability may inadvertently increase non-epistemic harm.
• Laypersons experience 'sense of self' vulnerability due to information imbalances.

Purpose of the Study:

• To propose a re-conceptualization of professional responsibility.
• To identify legal reforms addressing lay vulnerability.
• To explore the potential of an expanded 'duty to consult' as a justiciable criterion.

Main Methods:

• Conceptual analysis of legal and ethical frameworks.
• Examination of existing case law and professional obligations.
• Theoretical exploration of 'sense of self' vulnerability in professional contexts.

Main Results:

• Existing judicial approaches to professional obligations may exacerbate lay vulnerability.
• An expanded 'duty to consult' offers a novel approach to addressing situational vulnerability.
• Reforming professional responsibility requires a multi-faceted strategy.

Conclusions:

• A re-conceptualized professional responsibility is necessary to mitigate lay vulnerability.
• An expanded 'duty to consult' can serve as a practical legal tool.
• Addressing non-epistemic vulnerability requires innovative legal and ethical considerations.