LEO #1626 ATTORNEY-CLIENT RELATIONSHIP; GUARDIAN AD LITEM; CONFLICT
          OF INTEREST; ATTORNEY REPRESENTING DSS IN APPEAL OF
          DECISION ON TERMINATION OF PARENTAL RIGHTS WHEN ATTORNEY
          WAS GUARDIAN AD LITEM IN TERMINATION PROCEEDING

You have presented a hypothetical situation in which Parents
petition Juvenile and Domestic Relations Court to be relieved of
Child's custody and for the termination of parental rights.  You
indicate that Attorney is appointed guardian ad litem for Child. 
The court grants the relief requested by Parents and Attorney
appeals the court's decision.  You further advise that the
Department of Social Services seeks to employ Attorney for the
appeal to Circuit Court.

You have asked the committee to opine, under the facts of the
inquiry, (1) whether Attorney is prohibited from representing
Department of Social Services; (2) whether Attorney would be
prohibited from such representation if a new guardian ad litem were
appointed; and (3) whether the answers to #1 and #2 would be
impacted by the consent given to such representation by a new
guardian ad litem.

The appropriate and controlling Disciplinary Rule related to your
inquiry is DR 5-105(D), which states that a lawyer who has
represented a client in a matter shall not thereafter represent
another person in the same or substantially related matter if the
interest of that person is adverse in any material respect to the
interest of the former client unless the former client consents
after disclosure.

The committee declines to opine as to the existence of an attorney-
client relationship between Child and Attorney serving as guardian
ad litem.  However, irrespective of whether or not an attorney-
client relationship arises between Attorney and Child, and assuming
that the Attorney/Guardian ad Litem determines that there is an
identity of interest between Child and the Department, the
committee is of the view that Attorney would not be prohibited from
representing Social Services.  See LEO #1463.
  
As to your second inquiry, the committee is of the view that the
same conclusion is reached whether or not a new guardian ad litem
is appointed.

Finally, as to your third question, since the committee has opined
that there is no apparent conflict between Social Services and
Child, Attorney would not be required to receive consent of a new
guardian ad litem before undertaking representation of Social
Services. 

[DR 5-105(D); LEO 1463]

Committee Opinion
February 17, 1995