Question:  Lawyer is serving as a guardian ad litem (GAL) for a minor child as to custody in a dissolution of marriage case for minor child’s parents.  Lawyer believes that counsel for one of the parents has engaged in misconduct that would rise to the level of required reporting to the Office of Chief Disciplinary Counsel pursuant to Rule 4 dash–8.3.  However, Lawyer is unsure whether the duty of reporting misconduct of another lawyer attaches when serving as a guardian ad litem.  Does Lawyer serving as a guardian ad litem have a duty to report counsel for parent? 

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.  Further, “[a] guardian ad litem shall comply with all statutes, rules, and regulations relating to the receipt of confidential or privileged information received as a guardian ad litem.  A guardian ad litem shall not redisclose any confidential or privileged information without valid court order or as required by law except as permitted by Rules 4 dash–1.6.”  Standards with Comments for Guardians ad Litem in Juvenile and Family Court Division Matters, Standard 7.0.  Since Rule 4 dash–8.3(c) requires consent to reveal confidential information in making a report of another lawyer’s misconduct, absent a valid order of the court, Lawyer serving as a guardian ad litem may not report misconduct of counsel for one of the parents.

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