Advisory Opinion: 1712

Year Issued: 1997

RPC(s): RPC 1.3; 1.6; 1.7(b); 1.9; 1.15(a); 3.4(c); 7.3; 8.4(d)

Subject: Court appointed guardian ad litem seeks to represent minor after age of majority

[The lawyer was appointed as guardian ad litem for a minor settlement. The minor was almost 18, so the lawyer did not intend to file a report or make any recommendations to the court. He wished to represent the minor in the underlying personal injury case once she turned 18.] The Committee decided that this conduct is prohibited because it is a violation of RPC 1.15(a), 1.7(b), 1.3, 1.9, 3.4(c) and 8.4(d); and may be a violation of RPC 7.3, and a breach of a fiduciary obligation under RPC 1.6.

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.