Can a lawyer have ex parte contact with a guardian ad litem during a pending divorce case?

Plain-English summary

The inquiry concerned the propriety of ex parte contacts with a guardian ad litem during a pending divorce case. The committee was of the opinion that, unless the guardian ad litem were represented by counsel or the court ordered otherwise, nothing in the Rules of Professional Conduct would prohibit the lawyer from ex parte communications with the guardian ad litem.

Currency note

This opinion was issued in 1991, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer talk to the guardian ad litem without the other side present?

A: Under this 1991 opinion, yes, unless the guardian ad litem is represented by counsel or the court orders otherwise; in that case the committee found no rule prohibiting ex parte communications.

Q: What would change the answer?

A: If the guardian ad litem were represented by counsel, or if the court ordered otherwise, the ex parte contact would not be permitted.

Background and rules framework

At the time of this opinion, Washington's RPC 4.5(b) addressed communications in the litigation context; the no-contact concern it raised corresponds to the area the Model Rules place in Rule 4.2 (communication with represented persons). The committee made the answer turn on whether the guardian ad litem had counsel or the court had restricted contact.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 4.2 (communication with represented persons)
• Washington RPC 4.5(b) (as numbered at the time of the opinion)

See also

• WA Ethics Op. 1363: Contacting a Represented Government Official

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=477

Original opinion text

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

The Committee reviewed your inquiry concerning the propriety of ex parte contacts with a guardian ad litem during a pending divorce case. The Committee was of the opinion that unless the guardian ad litem were represented by counsel or unless the court ordered otherwise, nothing in the Rules of Professional Conduct would prohibit you from ex parte communications with the guardian ad litem.