Can one lawyer serve as both guardian ad litem and guardian of the estate for the same ward, and must the lawyer keep serving if the inconsistency surfaces?
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This page answers the general question as of 1993. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
A lawyer asked about the propriety of serving as both guardian ad litem and guardian of the estate for a ward. After discussing the roles of the two guardianship positions, the committee concluded that while serving as both guardian ad litem and guardian of the person at the same time may be inconsistent, RPC 1.15(c) obligates the lawyer to continue in those positions if ordered to do so by a court.
Currency note
This opinion was issued in 1993, 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 Treat this page as historical context, not current guidance.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. (At the time of this opinion, the rule on continuing a representation when ordered by a tribunal was numbered RPC 1.15(c); the corresponding ABA Model Rule is 1.16(c).)
Common questions
Q: Can one lawyer hold both guardian ad litem and estate guardian roles for the same ward?
A: The committee said serving in both roles at the same time may be inconsistent, but did not bar it outright; it focused on the lawyer's obligation when a court has ordered the lawyer to serve.
Q: Must the lawyer keep serving if a court has so ordered?
A: The committee said RPC 1.15(c) obligates the lawyer to continue in those positions if ordered to do so by a court.
Background and rules framework
The opinion applied RPC 1.15(c) (corresponding to ABA Model Rule 1.16(c)), under which a lawyer ordered by a tribunal to continue a representation must do so notwithstanding good cause to withdraw. The committee acknowledged a potential inconsistency between the two guardianship roles but treated a court's order to continue as controlling.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.16 (declining or terminating representation; continuing when ordered); Washington RPC 1.15(c)
See also
- WA Ethics Op. 1527: Signing an Order After Withdrawal
- WA Ethics Op. 1540: Conflict of Interest and Waiver
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=614
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1533
Year Issued: 1993
RPC(s): RPC 1.15(c)
Subject: Conflict of interest; lawyer serving as both guardian ad litem and guardian of estate
The Committee reviewed your inquiry regarding the ethical propriety of a lawyer serving as both guardian ad litem and guardian of the estate for a ward. After discussion regarding the roles of these two guardianship positions, the Committee concluded that, while serving as both guardian ad litem and guardian of the person at the same time may be inconsistent, pursuant to RPC 1.15(c) the lawyer is obligated to continue those positions if ordered to do so by a court.
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