IN THE MATTER OF TINA L. MOWN, An Attorney at Law, Respondent.
Moog Deputy Disciplinary Counsel P.O., Office of Disciplinary
COMPLAINT, RULES LI, L3, 1.4, L5, 3.3, 3.4, AND
leave of the Commission on Practice granted on January 10,
2019, the Office of Disciplinary Counsel for the State of
Montana ("ODC"), hereby charges Tina L. Morin with
professional misconduct as follows:
L. Morin, hereinafter referred to as Respondent, was admitted
to the practice of law in the State of Montana in 1992, at
which time she took the oath required for admission, wherein
she agreed to abide by the Rules of Professional Conduct, the
Disciplinary Rules adopted by the Supreme Court, and the
highest standards of honesty, justice and morality, including
but not limited to, those outlined in parts 3 and 4 of
Chapter 61, Title 37, Montana Code Annotated.
Montana Supreme Court has approved and adopted the Montana
Rules of Professional Conduct ("MRPC"), governing
the ethical conduct of attorneys licensed to practice in the
State of Montana, which Rules were in effect at all times
mentioned in this Complaint.
realleges and incorporates paragraphs 1 through 2 of the
General Allegations as if fully restated in this Count One.
or about October 2008, Respondent began representing Robert
and Holly Labair ("Labairs") to pursue legal
malpractice claims against attorney Steve Carey
("Carey") for his representation of the Labairs in
a medical malpractice case. On March 3, 2010, Respondent
filed a lawsuit in Missoula County District Court, Cause No.
DV 10-254, Honorable Ed McLean presiding. The matter has been
to the Montana Supreme Court four times, most recently as
Cause No. DA 18-0334, captioned Labair v. Morin,
concerning Respondent's fees and costs.
assist with trial, Respondent retained attorney Paul Warren
("Warren") as co-counsel. Carey was represented by
Mikel Moore ("Moore"). A six-day jury trial was
held in March 2015 resulting in a defense verdict that was
During trial, Respondent called an accounting expert, Charity
Rowsey ("Rowsey"). Prior to trial, Respondent
falsely advised Rowsey that Carey had contacted Joe Kasperick
("Kasperick"), an economic expert, in preparation
of the Labairs' medical malpractice claim. During
Rowsey's testimony, Respondent elicited this false
information through her direct questioning. During
cross-examination, Rowsey explained that Respondent had
provided this false information.
rebut Respondent's elicitation of false testimony, Moore
arranged for the rebuttal testimony of Kasperick, who resides
in Butte. Kasperick testified that Carey had not contacted
him about the Labairs' claims, and further testified that
he advised Respondent in December 2014 that no such contact
Moore moved the District Court for sanctions and a hearing
was held on September 22, 2015. Respondent did not attend the
hearing, but Warren appeared on her behalf. On that same
date, Judge McLean issued a final judgment ordering
Respondent to pay $1, 683.50 in additional defense costs for
Kasperick's testimony. This judgment was never appealed,
and Respondent has not paid the sanction.
her conduct outlined above, Respondent violated Rule 3.3(a),
her conduct outlined above, Respondent violated Rule ...