Question: In a child abuse and neglect case, may Attorney serve as guardian ad litem for a Father where Attorney is also counsel for Father’s duly appointed guardian?
Answer: First, if the best interests of Father as asserted by Guardian are inconsistent with the best interests of Father as identified and asserted by Attorney as guardian ad litem, the simultaneous service presents a direct adversity conflict of interest per Rule 4 dash–1.7. The conflict would not be one to which Father could consent under the circumstances. See Rule 4 dash–1.7, Comment [15]. Second, the duties and powers of a guardian ad litem and the duties and powers of a guardian of a person are defined and enumerated at law. Therefore, this office cannot issue an informal opinion as to whether Attorney’s obligation at law to Father as guardian ad litem would materially limit Attorney’s ability to represent Guardian, or vice versa, constituting a material limitation conflict of interest under Rule 4 dash–1.7.

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