Question: Attorney formerly served as Guardian Ad Litem in an action filed by Mother against Grandparents (Child’s guardians) in which Mother sought visitation rights with Child. May Attorney subsequently represent Grandparents in a suit for termination of Mother’s parental rights and adoption of Child?
Answer: Rule 4-1.12 governs the participation of a lawyer in a matter in which the lawyer previously served as a third-party neutral, which includes Attorney’s service as Guardian Ad Litem, as the Guardian Ad Litem acts as part of the court. Attorney is prohibited from representing Grandparents in the current action unless all parties to the proceeding give informed consent, confirmed in writing.

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