In Re Formal Advisory Opinion No. 16-2

Summary

The Court retracted the earlier advisory opinion and approved the revised advisory opinion governing an attorney who serves both as a child's counsel and guardian ad litem in a termination-of-parental-rights proceeding. It held that when the attorney's view of the child's best interests conflicts with the child's wishes, the attorney must withdraw from the guardian ad litem role rather than advocate termination over the child's objection. The attorney must consider confidentiality obligations before disclosing information and may seek complete withdrawal in sufficiently severe circumstances.