Georgia State Bar Formal Advisory Opinion No.

10-2 720 S.E.2d 647 (2012)

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Nature of the Case

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Facts

There was a conflict between an attorney serving as both legal counsel and guardian ad litem. Georgia law requires the appointment of an attorney for a child as the child's counsel in a termination of parental rights proceeding. The statute also provides that the court may additionally appoint a guardian ad litem for the child and that the child's counsel is eligible to serve as the guardian ad litem. In addition to the child's statutory right to counsel, a child in a termination of parental rights proceedings also has a federal constitutional right to counsel. May an attorney who has been appointed to serve both as legal counsel and as guardian ad litem for a child in a termination of parental rights case advocate termination over the child's objection?