Shoe Leonard’s boasts on its sign that it is the largest shoe store in the world. Although traditionally a family-owned business, when Mr. Leonard passed away he left the majority ownership to Dave Deedan, a non-relative who has worked at the store for decades.
Dave retains Andrew Haynus, a local attorney, having decided it was time to draft a will. Before Haynus is finished with the will, he thinks of a great way to help Shoe Leonard’s make even more money. Haynus decides he’d like to present Dave with his idea and do the deal together. He’s willing to put up $50,000 (he’s going to take out a third mortgage on his house to do so) and wants some say in the decision-making process. The deal has nothing to do with the representation. After all, Haynus has simply been retained to draft Dave’s will, so he figures Rule 1.8 probably doesn’t apply.
The work for Dave also reminds Haynus that he needs a new pair of loafers, so he plans on visiting Shoe Leonard’s tomorrow to buy some.
Haynus practices in a state which has adopted the Model Rules in full as found at the ABA website http://www.abanet.org/cpr/mrpc/mrpc_toc.html, including Rule 1.8 Conflict of Interest: Current Clients: Specific Rules. How does Rule 1.8 apply to the two business transactions which Haynus wants to enter into with his client (the big business deal and the shoe purchase)?
What should Andrew do or say when presenting Dave with his idea for Shoe Leonard’s? What should he do or say when trying on loafers in the store?
You can use Rule 1.8 and the comments to answer this question. You do not need additional case law. As this is an advisory essay, you do not need to write it in IRAC forma