LGALR 6. Actual or Apparent Conflicts of Interest

(a) Representation of More Than One Person in the Same Proceeding. A Guardian ad Litem may represent the interests of two or more persons in the same family or class when expressly permitted by court order. Such multiple representation may be reviewed by the court upon request of the Guardian ad Litem or any other party who requests a review of the propriety of the multiple representation or further instruction, such as when a conflict, actual or apparent, arises as among those whose best interests are represented by the Guardian ad Litem.
(b) Disclosures in Statement of Qualifications. A Guardian ad litem shall include in the Statement of Qualifications filed pursuant to RCW 11.88.090 a statement as to whether the guardian ad litem currently represents any professional guardians, and if so, the name(s) of such guardian(s).
(c) Multiple Roles in Same Proceeding; Self-Dealing. Absent written order, a Guardian ad Litem shall not solicit or accept employment in any other capacity in the same cause or which pertains to the party on whose behalf the Guardian ad Litem was appointed during or after the Guardian ad Litem’s service. Other capacities include, without limitation, attorney for another party, estate planner, guardian, trustee, fiduciary appointee, mediator, arbitrator, adjudicator, or care provider. A GAL may, upon court order, be re-appointed subsequently in the proceeding. With court order, Guardians ad Litem who are attorneys may draft pleadings to initiate related proceedings, in fulfillment of the duties in the proceeding for which they were first appointed.
(d) Recommendations Made in the Self-Interest of the Guardian ad Litem. A Guardian ad Litem shall not recommend the appointment or employment of a person or entity in which the Guardian ad Litem, a member of the Guardian ad Litem’s family, or a business associate of the Guardian ad Litem has any interest. A Guardian ad Litem may recommend a person or entity who is or has been a client of the Guardian ad Litem only upon full written disclosure of the material facts to all parties, interested persons and the court; and provided that such disclosure does not violate any privilege or confidence of the client.

[Adopted effective September 1, 2003.]