Are there any special considerations regarding conflicts of interest for guardians ad litem?
Two fairly recent LEOs provide guidance for attorneys serving as guardians ad litem. In LEO 1725, the question is whether one attorney can serve both as guardian ad litem in matters involving the Department of Social Services and, in other matters, represent the Department of Social Services. The opinion points out that as the attorney can not obtain effective consent from a minor, the attorney must look to the court for consent regarding a potential conflict of interest. The attorney should disclose the pertinent information to the appointing court necessary for that court to determine the appropriateness of that attorney serving as guardian ad litem. In LEO 1729, the issue raised is whether one attorney may serve as guardian ad litem in a matter and also testify as a witness (having been the visitation supervisor) in that same matter. The opinion concludes that as the testimony to be given is part of the statutory duties of a guardian ad litem, (i.e., to present a report to the court
