Opinion 1727

You ask whether a guardian ad litem appointed by the Court pursuant to RCW Chapter 11.88 or SPR 98.16 is disqualified from representing the guardian in further proceedings after the guardianship has been established. The Committee believes that the facts that you have presented establish that you have acted as an adjudicative officer [in] matters that would further preclude you from acting in the capacities you have suggested.

The Committee is of the opinion that RPC 1.12(a) would not allow you to act as the attorney for the estate and settlement of a personal injury action of an incapacitated individual following your discharge as the guardian ad litem. Further, RPC 1.12(a) would prohibit you from representing a personal representative of a deceased's estate following your discharge as guardian ad litem in a minor settlement proceeding pursuant to SPR 98.16. RPC 1.12(a) would also prohibit you from being engaged as the attorney for the estate of a ward for whom you have previously performed the services of a guardian ad litem.

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.