Also known as: ad litem
Written by attorneys · grounded in primary & secondary sources — see below
A Latin adverbial phrase meaning for the suit. It qualifies a representative or guardian appointed solely to protect a party's interests in a particular litigation.
India Inoue stopped taking medication for bipolar disorder and demanded her lawyer sign a personal guarantee exposing her to massive liability. The lawyer reasonably believed she could not protect her own interests. The lawyer petitioned the court to appoint a guardian ad litem to protect her interests in the litigation.
After a state court terminated parental rights, the parent argued she had been denied counsel. The court had appointed a guardian ad litem to represent the child's interests throughout the proceeding. The appointment limited the guardian's role strictly to that litigation.
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Students suspended without due process sued for damages through a guardian ad litem. The court held that even if a procedural violation occurred, the students could recover only nominal damages because they suffered no actual injury. The guardian's authority existed only for that suit.
Foster parents challenged removal of children they had raised for years. The court appointed a guardian ad litem to represent the children's interests in the proceeding. The guardian's participation was confined to protecting the children during that custody litigation.
After a decedent delivered a check to her nephew, relatives claimed she lacked capacity. A guardian ad litem was appointed to litigate whether the gift was complete. The guardian's role was limited to that specific dispute over the asset.
Multiple defendants sought to allocate liability among themselves and an absent tortfeasor. The court appointed a guardian ad litem to represent the interests of unknown claimants in the contribution action. The appointment existed only for purposes of that proceeding.
A lawyer may seek the appointment when the lawyer reasonably believes the client has diminished capacity, faces substantial harm without action, and cannot adequately protect personal interests. The appointment is limited to the litigation at hand.
The guardian is deemed a citizen of the same state as the infant or incompetent person represented. This rule prevents manipulation of federal jurisdiction through out-of-state appointments.
No. The appointment may be limited to a single lawsuit and does not replace a general guardian. Courts may appoint one specifically to protect interests in pending litigation.
Information remains protected under Rule 1.6. The lawyer is impliedly authorized to disclose only what is reasonably necessary to protect the client's interests.
…as acquiring rights or interests by way of inheritance or other devolution of property, and have been represented by guardians ad litem. [^maj-66] Perfection of the interests involved, again, has generally been contingent upon live birth. In short, the unborn have never been recognized in the law as persons in the whole…