Advisory Opinion: 1092

Year Issued: 1987

RPC(s): RPC 1.7(b)

Subject: Conflict of interest; prior guardian ad litem for a child joining law firm that represents parent alleged to have injured child

The Committee considered your inquiry regarding the obligations of a lawyer who had previously been guardian ad litem for a child and who is now joining a law firm which represents the child's mother, whom, its is alleged, may have injured the child.

The Committee also understands under the facts presented that a new guardian ad litem has been appointed for the child.

The Committee was of the opinion that prior to the lawyer continuing to represent the mother, it would be necessary to disclose to the present guardian ad litem the prior involvement of the former guardian ad litem, and have the present guardian ad litem's consent to the continued representation of the mother by the lawyer. The Committee based its opinion on Rule 1.7(b) of the Rules of Professional Conduct.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.