2011-05 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2011-05

Rules: 4–1.12

Client-Lawyer Relationship

Former Judge, Arbitrator, Mediator or Other Third-Party Neutral

Subject: Conflict of Interest - Former Judge, Mediator or Third-Party Neutral; Guardian ad Litem - Lawyer Serving As

Summary: conflict of interest for former guardian ad litem (GAL) representing party in termination of parental rights

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 dash–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.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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