Ethics Committee Formal Opinion #1988/9-15

Fee Arrangements:  Union Charge for Case Settlement Services – Workers’ Compensation

March 9, 1989


An attorney-guardian ad litem who is appointed to represent a child in a criminal matter and who acquires information in that criminal matter from the defendant, may later commence a civil action against the defendant on behalf of the child-client.  (Rule 1.6; Rule 1.7).

An attorney shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness, subject to certain exceptions.  (Rule 3.7).


May the inquiring attorney represent the two minor children, through their mother and best friend, in a civil suit against the criminal defendant?

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