After serving as a court-appointed guardian ad litem, can the same lawyer go on to represent the guardian or the estate in the matter?

Plain-English summary

The lawyer asked whether a guardian ad litem appointed by the court under 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 concluded that the facts presented establish that the lawyer acted as an adjudicative officer in matters that would further preclude the suggested representations.

Applying RPC 1.12(a), the committee concluded the lawyer could not act as attorney for the estate and settlement of a personal injury action of an incapacitated individual after discharge as guardian ad litem; could not represent a personal representative of a deceased's estate after discharge as guardian ad litem in a minor settlement proceeding under SPR 98.16; and could not be engaged as attorney for the estate of a ward for whom the lawyer had previously served as guardian ad litem.

Currency note

This opinion was issued in 1997, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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. Washington's cited rule corresponds to ABA Model Rule 1.12 (former judge, arbitrator, mediator, or other third-party neutral).

Common questions

Q: Can a former guardian ad litem later represent the guardian or estate?

A: No. The committee concluded that RPC 1.12(a) bars the former guardian ad litem from later serving as attorney for the estate, the guardian, or a personal representative in the same matter.

Q: Why does that rule apply to a guardian ad litem?

A: The committee concluded the lawyer had acted as an adjudicative officer, which brings the later representation within RPC 1.12(a).

Q: Does it matter whether the ward is living or deceased?

A: No. The committee applied the bar to representing the estate of an incapacitated individual, a personal representative of a deceased's estate, and the estate of a ward, in each case after discharge as guardian ad litem.

Background and rules framework

The opinion applied RPC 1.12(a) (corresponding to ABA Model Rule 1.12, which governs a lawyer who has participated personally and substantially as a judge, adjudicative officer, or other third-party neutral) to a former court-appointed guardian ad litem under RCW Chapter 11.88 and SPR 98.16. The committee treated the guardian ad litem role as that of an adjudicative officer, which triggers the rule's bar on later representing a party in connection with the same matter.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.12 (former judge, arbitrator, mediator, or other third-party neutral); Washington RPC 1.12(a)

Statutes:

• RCW Chapter 11.88 (guardianship)

Other authority:

• Washington Special Proceedings Rule (SPR) 98.16 (settlement of claims of minors and incapacitated persons)

See also

• WA Ethics Op. 1712: GAL Then Representing the Minor
• WA Ethics Op. 1703: Former Client as Opposing Witness
• WSBA Ethics Op. 1718: Leaving In-House for a Rival Field

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=801

Original opinion text

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

Advisory Opinion: 1727
Year Issued: 1997
RPC(s): RPC 1.12(a)
Subject: Conflict of interest; former guardian ad litem seeks to represent guardian after guardianship established

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.