Pro-Hand Services Trust v. Monthei

¶1 Mary Gabriel-Duncan (“Duncan”) appeals from the March 13, 2001, Order entered by the Montana Eighteenth Judicial District Court, Gallatin County, denying her motion to disqualify David J. Penwell (“Penwell”), attorney for Pro-Hand Services Trust (“Pro-Hand”). We affirm.

¶2 The following issue is presented on appeal:

¶3 Did the District Court err in denying Duncan’s motion to disqualify Penwell?

BACKGROUND

¶4 On or about April 9 and April 10, 1998, Duncan called Penwell’s office and spoke with Marion Austin (“Austin”), Penwell’s legal secretary at the time. Duncan inquired into hiring Penwell…