Guardians Ad Litem
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Guardians ad Litem
Ethical issues involving removing children from their parents or returning them to the home. Research has shown that this process can be both stressful on the parents and the child. In some cases it has been benefical to have a court appointed “Guardian ad Litem”. This research will identify the pros and cons of the child removal process.
Mandatory Reporter 1.7(a) prohibits advocacy on behalf of one client that will be “directly adverse” to another client. An example of such a conflict of interest for a guardians ad litem occurs when an agency brings a petition to obtain custody of an infant whose underage teenage mother is in foster care and under the legal custody of the agency. This is a conflict for the guardians ad litem because what she thinks is in the best interests of the young mother may be inconsistent with what the guardians ad litem thinks is best for the baby. Most conflicts typically arise for guardians ad litem s when representing sibling groups.
In this situation a lawyer performing the traditional role of counsel would have to withdraw from representing The parents and, perhaps, the child as well. The conflicts analysis for the lawyer under the traditional model would require evaluating whether pursuing the childs objectives would be adverse to pursuing the parents best interests, either directly or indirectly. Moreover, a lawyer in the traditional role would need to assess whether representing the younger children would compromise the duties of loyalty and confidentiality the lawyer owes the child (PEDO).
The guardians ad litem unique role in helping the court reach the best result for the child raises ethical considerations that are not easily reconciled under the Model Rules. The guardians ad litem ethical obligations to the child, court, and opposing parties often conflict because the guardians ad litem serves as an advocate for the child and as someone who assesses what they believe to be the best interests of the child. Several important ethical issues impacting the role of the guardians ad litem should be addressed through legislation, case law, court rules, or ethics opinions: