May a former guardian ad litem represent grandparents in a later termination and adoption case involving the same family?

Short answer Only if all parties to the proceeding give informed consent confirmed in writing. The opinion treats the lawyer’s former guardian ad litem role as service as a third-party neutral under Rule 4-1.12.

Bar

MOLEC

Issued

2011

Apply this to your situation

This page answers the general question as of 2011. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The lawyer had served as guardian ad litem in the mother’s visitation action against the child’s guardians, the grandparents. The lawyer then asked to represent the grandparents in litigation to terminate the mother’s parental rights and adopt the child.

The opinion applies Rule 4-1.12. It treats the earlier guardian ad litem service as participation as a third-party neutral because the guardian ad litem acts as part of the court. The lawyer is prohibited from representing the grandparents in the later action unless all parties to that proceeding give informed consent, confirmed in writing.

In practice

The opinion conditions the proposed representation of the grandparents on informed consent, confirmed in writing, from every party to the later proceeding.

Common questions

Q: Does prior guardian ad litem service fall under Rule 4-1.12?

A: Yes. The opinion treats the guardian ad litem as a third-party neutral acting as part of the court.

Q: Can the former guardian ad litem represent the grandparents in the later action?

A: Only if all parties to the proceeding give informed consent confirmed in writing.

Q: What later proceeding is addressed?

A: The proposed representation concerns termination of the mother’s parental rights and adoption of the child by the grandparents.

Background and rules framework

Rule 4-1.12 governs a lawyer’s later participation in a matter after service as a third-party neutral. The opinion applies that rule to the former guardian ad litem’s proposed representation of the grandparents.

Citations and references

Missouri Rules of Professional Conduct:

Rule 4-1.12

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/2011-05/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Question: Attorney formerly served as Guardian Ad Litem in an action filed by Mother against Grandparents (Child’s guardians) in which Mother sought visitation rights with Child. May Attorney subsequently represent Grandparents in a suit for termination of Mother’s parental rights and adoption of Child?

Answer: Rule 4–1.12 governs the participation of a lawyer in a matter in which the lawyer previously served as a third-party neutral, which includes Attorney’s service as Guardian Ad Litem, as the Guardian Ad Litem acts as part of the court. Attorney is prohibited from representing Grandparents in the current action unless all parties to the proceeding give informed consent, confirmed in writing.

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