• Guardian
• Guardian ad Litem
• Conservator
• Trial Attorney

• Occupy a unique position in the settlement process
• Must focus exclusively on what's best for their ward
• Owe a legal duty to their ward
• Face potential liability if they breach the standard of care

» Confused about how best to allocate settlement proceeds? See Henry Strong and David Cordell's article: "Fiduciary Focus: The Prudent Allocation of Structured Settlements and Post-Settlement Trusts" in the Spring, 2008 edition of the American Bar Association's journal, "The Brief" [.pdf]

»Court of Appeals reverses lower court; GAL enjoys no "quasi-judicial immunity" in Maryland. See Fox v. Wills [.pdf]

» View Henry Strong's article in The Journal of the Virginia Trial Lawyer's Association:

"The Real Lessons of Grillo; Fiduciary Duty in the New World of Claim Settlements".

• Inadvertent breach of duty
• Failure to meet the Prudent Investor Standard
• Magnitude of damages

• Understand your responsibilities
• Adopt a correct and consistent process
• Document your compliance