Divided Loyalties

The West Virginia Supreme Court of Appeals annulled the license of an attorney who engaged in a conflict of interest as a guardian ad litem

This Court’s review of the record reveals clear and convincing evidence that Mr. Ryan violated the rules of professional conduct as determined by the [Hearing Panel Subcommittee]. It is undisputed that Mr. Ryan (1) accepted a retainer fee from Mr. and Mrs. C. while he was serving as the GAL in the abuse and neglect matters, and (2) failed to inform Mr. and Mrs. C. or the circuit court about his conflict of interest. Mr. Ryan did not contest the HPS’s factual findings during the disciplinary proceedings below, nor has he filed a brief with this Court.

Sanction

This Court has repeatedly instructed GALs of the full scope of their duties to their infant clients. See State v. Michael M., 202 W.Va. 350, 356 n.11, 504 S.E.2d 177, 183 n.11 (1998) (“We again underscore that guardians ad litem have a duty to fully represent the interests of their child wards at all stages of the abuse and/or neglect proceedings, both in the circuit court and on appeal.”).10 Mr. Ryan’s acceptance of a $2,500 retainer fee from Mr. and Mrs. C. while he was serving as GAL to the same two children who were in the custody of Mr. and Mrs. C. and were the children at the center of the abuse and neglect matters created a conflict of interest.

Next, Mr. Ryan’s failure to inform the circuit court of his conflict of interest violated multiple duties a lawyer owes to the legal system, including the duties of candor, honesty, diligence, and loyalty. Further, Mr. Ryan’s actions violated his duty to maintain the integrity of the legal profession. The paternal grandmother was left with a bad impression of the legal profession based on Mr. Ryan’s conduct. She explained that “a [GAL] should be neutral. . . . So he [Mr. Ryan] was, again, siding with, you know, [Mr. and Mrs. C.], took the money from them. So that was wrong.”

An aggravating factor was his non-participation in the proceedings

Based on all of the foregoing, we find that the annulment of Mr. Ryan’s law license is an appropriate sanction. Annulling Mr. Ryan’s law license will accomplish the goals of our disciplinary system by punishing Mr. Ryan, restoring public confidence in the ethical standards of our profession, and serving as a deterrent to other members of the bar.

(Mike Frisch)