Informal Opinion Number: 980187

QUESTION: Attorney was appointed by the Court as the GAL for three juveniles. Attorney believes that one child is under pressure to engage in criminal activity by the other siblings and the child has reported this to the therapist and DFS case worker. Does Attorney have a conflict of interest since Attorney does not feel it is in the best interest of this child to continue to see the other siblings? Should Attorney withdraw as GAL for all three children?
ANSWER: Under the circumstances Attorney has described, Attorney has an obligation to seek to withdraw from being the GAL for all three children. Attorney should ask the court to appoint a separate GAL for each child.

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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