A court hearing has been scheduled in Ramsey County for September 10, 2018, about the Rule 11 Motion for Sanctions filed against Michelle MacDonald for filing the same “frivolous and vexatious” lawsuit in two counties.
Nathan M. Hansen served MacDonald a Rule 11 Motion for Sanctions on June 26, 2018, in response to the “frivolous and vexatious” lawsuit from MacDonald.
MacDonald was given 21 days to withdraw the lawsuit “with prejudice” or the Rule 11 Motion for Sanctions would be filed with the court. Since the lawsuit was not dismissed “with prejudice” within 21 days, Hansen filed the Rule 11 Motion for Sanctions against MacDonald in Ramsey County.
As detailed by Hansen in his memorandum, he spoke with MacDonald and she declined to dismiss the duplicate lawsuit filed in Ramsey County.
MacDonald is also facing sanctions in Dakota County, and she recently retained a new attorney.
MacDonald’s lawsuit may violate an order from Minnesota Supreme Court
The Minnesota Supreme Court suspended MacDonald’s law license for 60 days earlier this year and she remains on probation for two years in response to an attorney complaint filed against MacDonald in August 2016.
The conditions of MacDonald’s two-year probation included that she will be supervised by an attorney appointed by the Director of the Office of Lawyers Professional Responsibility.
MacDonald is prohibited from engaging in “the solo practice of law,” and she must “work in a setting where she is in daily contact with, and under the direct supervision of another Minnesota licensed attorney.”
Hansen noted, “[i]t appears that the Order of the Minnesota Supreme Court was written in such a way so as to prevent cases like the instant case from being initiated by Ms. MacDonald.”
MacDonald being investigated by lawyers board
MacDonald is currently being investigated by the Office of Lawyers Professional Responsibility for alleged violations for the Minnesota Rules of Professional Conduct governing licensed attorneys.
The investigation into the alleged violations by MacDonald was opened after Missing in Minnesota filed a formal complaint with the Office of Lawyers Professional Responsibility after MacDonald filed a “frivolous and vexatious” lawsuit against Missing in Minnesota, which appears to be in violation of an Order of the Minnesota Supreme Court which details the conditions by which MacDonald is allowed to practice law.
The Office of Lawyers Professional Responsibility confirmed in a letter last week that an investigation had been started based on the complaint filed by Missing in Minnesota which alleges numerous violations by MacDonald.
Allison Mann contributed to this story.