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?