[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

attorney fees incurred as a direct result of another’s tort are recoverable damages,” [which]
include “the expense of retaining another attorney” when reasonably necessary to “attempt
to avoid or minimize the consequences of the former attorney’s negligence.” . . .
Problems
11-1. Three years ago, Martyn & Fox prepared tax returns for Wife’s business.
Husband now wants Martyn & Fox to represent him in a divorce. Can we? What if we
handled an employment discrimination claim for Wife’s business?
11-2. Martyn was general counsel for Capital Hospital for ten years before joining
Martyn & Fox.
(a) Can Martyn & Fox represent Small Hospital, a competitor of Capital, in
lobbying the state legislature for changes in state Medicaid reimbursement rates?
(b) Can Martyn & Fox advise Sunshine Hospital and Rehabilitation Center in
another county that there are no antitrust ramifications of potential expansion, when
Martyn advised Capital that a planned expansion would not be wise under the same
law?
(c) Can Martyn & Fox represent plaintiff who alleges medical malpractice that
occurred while a patient at Capital Hospital during Martyn’s tenure there?
B. Prospective Client Conflicts Model Rules 1.0(k), 1.18 RLGL § 15
Keuffer v. O.F. Mossberg & Sons, Inc.
373 P.3d 14 (Mont. 2016)
Justice Michael E. WHEAT delivered the Opinion of the Court. . . .
In October 2008, Luke Keuffer (“Luke”) and his wife, Stephanie Keuffer (“Stephanie”),
were hunting outside White Sulfur Springs, Montana. Stephanie was hunting with a .308
Mossberg model 800 rifle (“Mossberg rifle”). The Keuffers allege that the Mossberg rifle fell
and struck Luke’s rifle and then discharged and shot Luke in the face, causing serious and
permanent injury. On August 10, 2010, Luke called Tarlow & Stonecipher, PLLC, and
spoke to attorney Margaret Weamer “regarding [Luke’s] possible claim against [a] gun
manufacturer for injuries sustained in [a] hunting accident.” Weamer’s time record
indicates that she spoke with Luke for six to twelve minutes. After discussing the case with
Luke, Weamer advised him that Tarlow & Stonecipher would not be interested in taking
the case.
Luke and Stephanie retained other counsel and, in June 2011, filed a personal injury
action against Mossberg. Tarlow & Stonecipher later agreed to represent Mossberg as local
counsel against Luke in the litigation. Prior to agreeing to represent Mossberg, Tarlow &
Stonecipher ran a conflict check that revealed the phone conversation between Luke and
Weamer. Tarlow & Stonecipher determined that the phone conversation did not create a
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