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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