Informal Opinion Number: 2018-03
Adoption Date: 2018
Question: May Attorney represent Parent in a motion to modify visitation of a minor child, where Attorney’s current law partner, prior to practicing in partnership with Attorney, was Guardian Ad Litem of the child in two previous matters relating to paternity and custody of the child, and where the child now has a new Guardian Ad Litem?
Answer: Unless Attorney’s law partner obtains informed consent, confirmed in writing from all parties to the proceeding, pursuant to Rule 4 dash–1.12(a), Attorney may not represent Parent unless, in accordance with Rule 4 dash–1.12(c), Attorney’s law partner is timely screened from any participation in the matter and apportioned no part of the fee therefrom, and unless written notice is promptly given to the parties and any appropriate tribunal to enable them to ascertain compliance with the provisions of Rule 4 dash–1.12. See also Rule 4 dash–1.12, Comments [4] and [5].
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