Advisory Opinion: 1234

Year Issued: 1988

RPC(s):

Subject: Conflict of interest; lawyer consulted by party to dissolution and later retained as guardian ad litem; consent

The Committee considered your inquiry regarding a conflict of interest in being appointed as guardian ad litem of children where you previously met with the husband attorney for possible representation in a dissolution action. The wife had given her consent to the appointment.

The Committee was of the opinion that where you had been consulted by a husband regarding possible representation in a marriage dissolution and had declined to undertake such representation, and had subsequently been requested by the husband to act as guardian ad litem in the dissolution proceeding, which fact was disclosed to the wife without objection, there would be no conflict of interest for you to continue to act as such guardian ad litem since, by requesting you to so act the husband had waived any conflict, and since the wife had not objected to it, there was no conflict.

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.