Opinion 1406

The Committee reviewed your inquiry concerning possible conflicts of interest in your representation of guardians ad litem and of clients in cases where a guardian ad litem was adverse to your client's interest. The Committee was of the opinion that whether a conflict existed would depend on whether you were representing a guardian ad litem at the same time you were representing a client adverse to that guardian ad litem.

Further, the Committee was of the opinion that your consent form as presented is inaccurate in that there is no requirement of waiver if the guardian ad litem is only a former client and the matters are unrelated. Further, the Committee was concerned with the last sentence on your form because, in the opinion of the Committee, it is as much the attorney's responsibility, if not more, as it is the client's to raise the issue of conflicts of interest. Finally, you indicate that you want the Committee's opinion to "keep in your files" in case you ever need to present this issue to a court. The Committee asked me to advise you that opinions of the Committee are designed for your guidance and not for use a legal authority, except perhaps to demonstrate your good faith, should that be an issue.

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.