Opinion: Pitfalls Facing Guardians Who Enter the Fray of Settlement Negotiations

My most rewarding assignment as a lawyer is when the Court appoints me to serve as a Guardian Ad Litem or attorney for the parties' children. Recently, my role as GAL came into direct conflict with the privilege against disclosing evidence of settlement negotiations.

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What's being said

  • Jen Weitz-Clancy

    I much appreciate this article. It was both insightful and informative. Thanks for taking the time to write, and for sharing it.

  • Peter Szymonik

    GAL laws in this state are in serious needs of reform, and reforms which have already taken hold to the actual positive benefit of families, children and taxpayers in states such as Arizona (where a presumption of shared parenting is now a standard), Maryland (which eliminated GAL immunity and clearly defined their roles) and Maine (where GAL fees are now capped and all payments are GAL are recorded and tracked against actual work performed and actual time spent with children.) We need to stop perpetuated a system that offers no positive benefit and where the concept of privilege is routinely misused to keep meaningful, factual and beneficial evidence from the court.

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