May the guardian ad litem appointed in the neglect proceeding initiate tort claims on behalf of the child?
When the guardian ad litem seeks to initiate actions beyond the scope of the appointment, the guardian ad litem’s actions must be governed by the more general rules applicable to the representation of children. This Committee has not previously addressed these questions. Three rules in particular, Rules 1.2, 1.7 and 1.14, are especially relevant to the determination whether the guardian ad litem may proceed with a tort action on behalf of the child. Rule 1.2 provides that the client and the lawyer mutually agree on the objectives of representation. Unless the child is too young to consult, the child’s minority does not obviate the obligation to consult with the client concerning the bringing of a tort claim as an element of the normal lawyer-client relationship. Rule 1.14(a) provides: When a client’s ability to make adequately considered decisions in connection with the representation is impaired, whether because of minority, mental disability, or for some other reason, the lawyer shal
