Question:  Lawyer has been appointed as guardian ad litem (GAL) for a 16-year-old mother in an abuse and neglect proceeding.  Can Lawyer also serve as guardian ad litem  for the infant child of the 16-year-old mother in that same proceeding?

 Answer:  Lawyers who are appointed to act as guardians ad litem (GALs) are required to act in accordance with the Rules of Professional Conduct.  See Standards with Comments for Guardians ad Litem in Juvenile and Family Court Division Matters, Standard 1.0, Comment.  In this situation, Lawyer needs to make a determination under Rule 4-1.7(a) whether the responsibilities of serving as guardian ad litem for the 16-year-old mother and the infant would be directly adverse to one another or materially limited by the responsibilities to each person.  Lawyer must consider the relevant legal and factual issues as to each person.  If Lawyer believes there is a conflict per Rule 4-1.7, Lawyer should decline the appointment as guardian ad litem for one or both of the individuals by following Rule 4-6.2(a), which addresses declining appointments if the appointment will result in the lawyer violating the Rules of Professional Conduct.  See also Missouri Informal Opinions 2017-03 and 2018-14.

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.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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