BPR Issues Ethics Opinion on Guardian Ad Litem Roles

A formal ethics opinion released today by the Board of Professional Responsibility addresses the question of whether it is a conflict of interest for a lawyer who was appointed guardian ad litem to subsequently represent another interest in a matter regarding the child for whom the lawyer was appointed guardian ad litem. The opinion states in part that an attorney who was appointed guardian ad litem for a child may represent another party’s interest as long as it is consistent with the interests of the child and does not violate professional conduct rules. To insure that the subsequent representation of another interest is not inconsistent with the interest of the child, it would be advisable to secure consent or permission from the judge who had appointed the lawyer as GAL to represent the other party.

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Ethics_Opinion_12112013.pdf170.38 KB