Attorney-Client Relationship as it Pertains to the Guardian Ad Litem
November 11, 2011
People v. Gabriesheski¸ ___ P.3d _____ (Colo. 2011)
In this criminal case involving sexual assault on a child, the Colorado Supreme Court held that no attorney-client relationship existed between a child and a guardian ad litem.
With all due respect to the majority, Justice Maritnez’s Dissent (in which Justice Bender joins) is far more persuasive, well reasoned, and truly representative of the role of the Guardian ad Litem. Justice Martinez correctly states, “the better outcome, and the one intended by our statutory scheme, recognizes the attorney-client privilege, but permits the guardian ad litem to decide whether to assert the privilege on behalf of the child.”
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