WSBA 1989

If a Special Proceedings Rule requires a guardian ad litem in a minor's settlement, must a lawyer comply with it as a matter of professional conduct?

Short answer: The committee was of the opinion that, if SPR 98.16W applies to the facts of a minor settlement, RPC 8.4(d) would require the lawyer to comply with that Special Proceedings Rule.

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This page answers the general question as of 1989. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

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 committee addressed the duty to comply with a court rule, SPR 98.16W, requiring appointment of a guardian ad litem in minor settlements. The committee was of the opinion that, if SPR 98.16W applies to the facts in any minor settlement, then RPC 8.4(d) would require that a lawyer comply with that Special Proceedings Rule.

Currency note

This opinion was issued in 1989, 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 Treat this page as historical context, not current guidance.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: Does failing to follow a court rule on guardians ad litem in minor settlements raise a professional-conduct issue?

A: Under this 1989 opinion, yes, where the rule applies. The committee was of the opinion that if SPR 98.16W applies, RPC 8.4(d) would require compliance with it.

Q: Did the committee decide whether SPR 98.16W applied to a particular case?

A: No. It framed its conclusion conditionally: if the Special Proceedings Rule applies to the facts of a given minor settlement, then RPC 8.4(d) requires compliance.

Background and rules framework

RPC 8.4(d), Washington's version of ABA Model Rule 8.4(d), makes it professional misconduct to engage in conduct prejudicial to the administration of justice. The committee tied that provision to SPR 98.16W, a Special Proceedings Rule governing guardians ad litem in minor settlements: where the rule applies, the duty to comply with it is reinforced by RPC 8.4(d).

Citations and references

Rules of Professional Conduct:

ABA Model Rule 8.4 (misconduct)
Washington RPC 8.4(d)

Court rules:

Washington SPR 98.16W (Special Proceedings Rule; guardian ad litem in minor settlements)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=406

Original opinion text

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

The Committee was of the opinion that, if SPR 98.16W applies to the facts in any minor settlement, then RPC 8.4(d) would require that a lawyer comply with that Special Proceedings Rule.

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