In re Estate of C.K.O.

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Mother and Child were seriously injured in an automobile accident. Mother and her husband (Husband) hired Viscomi & Gersh (Viscomi) to represent Mother and Child in their claims for damages resulting from the accident. Matthew O'Neill was subsequently appointed to act as guardian ad litem (GAL) and conservator for Child. After Mother's case settled, Mother and Husband agreed with Morales Law Office (Morales) that Morales would represent Child. Morales then filed a motion to disqualify counsel. The district court denied the motion because it did not contain the consent of Viscomi and O'Neill. The Supreme Court affirmed, holding (1) when Mother and Husband consented to the appointment of a GAL and conservator to act in Child's best interests in the legal claims she had arising from the accident, they divested themselves of the right to determine who should represent Child in her personal injury claim; (2) Mont. Code Ann. 37-61-403 and Mont. Code Ann. 72-5-427 are not unconstitutional as applied in this case; and (3) section 37-61-403 does not conflict with the Montana Rules of Professional Conduct. View "In re Estate of C.K.O." on Justia Law