Could a guardian ad litem disclose information learned through that role about another person?

Plain-English summary

A lawyer serving as guardian ad litem for a minor had learned information about another person through that role. Disclosure was not needed to perform the guardian's duties.

The opinion required the lawyer to keep the information confidential unless a court ordered disclosure after the confidentiality issue had been fully raised to the court. It identified no numbered rule or further exception.

Currency note

This 1995 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did the fact that the information concerned someone else permit disclosure?

A: No. The opinion imposed confidentiality for information obtained as guardian ad litem.

Q: What could permit disclosure under the answer?

A: A court order after the confidentiality question had been fully raised before the court.

Background and rules framework

The opinion grounded confidentiality in how the lawyer acquired the information, as guardian ad litem. It cited no numbered rule and limited the stated exception to a court order following consideration of confidentiality.

See also

• Missouri Informal Op. 2025-10: Guardian ad litem reporting misconduct

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950191/

Original opinion text

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

QUESTION: Attorney is a guardian ad litem for a minor. Attorney has information because of Attorney´s status as guardian ad litem relating to another individual. May Attorney disclose this information? Disclosure is not necessary to perform the duties as guardian ad litem. ANSWER: Attorney has a duty to maintain confidentiality of the information which came into Attorney´s possession as guardian ad litem, unless Attorney is ordered by a court to disclose the information after the issue of confidentiality has been fully raised to the court.