The Supreme Court of Georgia has approved Formal Advisory Opinion 10-2, which addresses the ethical responsibilities of an attorney appointed to serve simultaneously as a child's legal counsel and guardian ad litem, when there is a conflict between the child's wishes and the attorney's opinion of the child's best interests.
The opinion, issued by the Formal Advisory Opinion Board of the State Bar of Georgia, is now binding on all members of the Georgia Bar and has the same precedential weight as a decision of the state Supreme Court. (Georgia Rules of Professional Conduct 4.403(e))
The opinion states:
At the point that the attorney concludes that the chiid's wishes and best interests are in
conflict, the attorney should petition the court for removal as the child's guardian ad litem,
disclosing only that there is a conflict which requires such removal. The attorney should not
reveal the basis of the request for the appointment of a guardian ad litem to preserve
confidentiality and so as not to compromise the child's position. The attorney should not reveal
further information received during the representation, nor should the attorney otherwise use the
information received from the child in confidence to advocate a position not desired by the child.
The attorney is under an affirmative ethical obligation to seek to have a new guardian ad litern
appointed following his withdrawal as guardian. If the conflict between the attorney's view of
the child's best interests and the child's view of his or her own interests is severe, the attorney
may seek to withdraw entirely following Rule 1.16 or seek to have a separate guardian
appointed.
Click
here for the full text of Formal Advisory Opinion 10-2
Click
here for the Supreme Court's Order,
In re Formal Advisory Opinion 10-2, Case No. S11U0730, Jan. 9, 2012.
Click
here for the relevant provisions of Georgia Rule of Professional Conduct 4.403(e).