05/06-01 – It may be ethically permissible for an attorney hired by an insurance company to prepare the petition to appoint a conservator and the petition to approve the settlement with a minor

The Committee believes it is ethically permissable under the following conditions: (1) the attorney represents only the insurance company and does not purport to represent, or in any way take on the representation of, the minor or the minor’s adult representative; (2) the attorney clearly discloses to the adult representative of the minor, and the minor if he or she is old enough to understand, that the attorney is representing only the insurance company and not representing either the minor or the adult representative; (3) the attorney clearly notifies the adult representative, and the minor if he or she is old enough to understand, that they have the right to obtain counsel of their own choosing to represent them; (4) the attorney does not counsel or advise the minor or the adult representative, or make representations to them regarding the reasonableness or fairness of the settlement, or representations regarding whether the settlement would serve the best interests of the minor; (5) the attorney clearly notifies the court that he or she represents only the insurance company and does not represent the minor or the adult representative.