Advisory Opinion: 1314

Year Issued: 1989

RPC(s): RPC 1.7(b)(2)

Subject: Lawyer appointed as guardian ad litem for child to review adequacy of settlement seeks to represent child's parents


The Committee reviewed your inquiry concerning whether, after having been appointed as Guardian Ad Litem for a minor child to review the adequacy of a settlement, you may then undertake to represent the parents of the minor child. The Committee was of the opinion that to do so would create a conflict of interest and therefore would be prohibited by RPC 1.7(b)(2). Further, the Committee was of the opinion that the extent of your duties as Guardian Ad Litem depends upon the scope of the order appointing you, which presents a legal rather than ethical question. The Committee was of the opinion that you have no duty to give advice to the child's parents, except to advise whether the settlement is adequate. The Committee can give you no suggestions of other matters in which you might handle the situation.

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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.