Advisory Opinion: 1533

Year Issued: 1993

RPC(s): RPC 1.15(c)

Subject: Conflict of interest; lawyer serving as both guardian ad litem and guardian of estate

The Committee reviewed your inquiry regarding the ethical propriety of a lawyer serving as both guardian ad litem and guardian of the estate for a ward. After discussion regarding the roles of these two guardianship positions, the Committee concluded that, while serving as both guardian ad litem and guardian of the person at the same time may be inconsistent, pursuant to RPC 1.15(c) the lawyer is obligated to continue those positions if ordered to do so by a court.

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.