Tamara L.P. v. County of Dane
In Tamara L.P. v. County of Dane, 177 Wis. 2d 770, 503 N.W.2d 333 (Ct. App. 1993), the Court held that the circuit court erred in appointing as guardian ad litem the attorney who had previously acted as adversary counsel in the involuntary commitment proceedings of a ward.
Applying the substantial relationship test, the Court concluded that the attorney should have been disqualified and the circuit court erred in concluding that an actual conflict of interest need exist before a motion to disqualify may be granted.
The Court stated that a potential conflict was sufficient to satisfy the substantial relationship test. See Tamara L.P., 177 Wis. 2d at 784-85, 503 N.W.2d at 338.