In re Sonny E. Lee

In In re Sonny E. Lee, 132 Md. App. 696, 754 A.2d 426 (2000), Lee's daughter filed a petition for the appointment of a guardian of the person and property for her father, seeking specifically to have herself declared as legal guardian. Id. at 701. Shortly thereafter, the trial court issued an order appointing an attorney to represent Lee in the pending guardianship proceeding. Lee's court-appointed attorney filed a motion for protective order to prevent the deposition of her client. Furthermore, "court-appointed counsel waived Lee's presence at trial in spite of his statutory right and desire to be there, prepared and submitted to the court a report containing recommendations that flatly contradicted Lee's wish that a person other than a member of his family be appointed as his guardian, and sought to prevent a hearing on the issue of his disability by declining to request such a hearing and then by objecting to the introduction of all testimony on that issue." Id. at 718. When the court found that Lee's daughter should be the guardian, Shannon, Lee's son and an interested party, appealed. Shannon contended that Lee was not afforded adequate legal representation throughout the guardianship proceeding as required by Maryland law and the Rules of Professional Conduct. Id. Specifically, Shannon asserted that Lee's counsel was "acting throughout the proceeding as an investigator for the court, or perhaps a guardian ad litem, but not as his attorney." Id. The Court agreed. The Court opined that, under certain circumstances, an attorney's duties may directly conflict with the duties of a guardian ad litem. Due process demands that an attorney "explain the proceedings to his client and advise him of his rights, keep his confidences, advocate his position, and protect his interests." Id. at 718-19. A guardian ad litem, on the other hand, impartially investigates the facts of the case, independently assesses the need for a guardian, and renders a report to the court. The investigator's report may disclose the alleged disabled person's confidences and may make recommendations that conflict with his or her wishes. Id. at 719. The Court held that, because Lee's attorney acted as an independent investigator for the court and "became virtually the principal witness against Lee's stated position," Lee was denied adequate legal representation throughout the guardianship proceedings. Id. at 721.