UPDATE (1:00 PM, Wednesday, August 15, 2018) – Larry Frost is no longer serving as Michelle MacDonald’s supervising attorney involving her lawsuit. Tomorrow’s hearing will focus on sanctions against Michelle MacDonald. This post has been updated to reflect this change.
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A court hearing has been scheduled in Dakota County for August 9, 2018, about the Rule 11 Motion for Sanctions filed against Michelle MacDonald and her supervising attorney, Larry Frost, in response to MacDonald’s lawsuit.
Nathan M. Hansen served MacDonald and her supervising attorney, Larry A, Frost, a Rule 11 Motion for Sanctions on June 18, 2018, in response to the “frivolous and vexatious” lawsuit from MacDonald.
MacDonald and Frost were 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 and Frost yesterday.
As detailed in Hansen’s Memorandum of Law, “[p]laintiffs have wholly failed to articulate any claim in their complaint that would cause this court to rule in their favor. As such, the complaint should be dismissed with prejudice and without further litigation.”
The court hearing on sanctions against MacDonald and Frost will be held at the Dakota County Judicial Center in Hastings, Minnesota on August 9, 2018, at 9 AM.
MacDonald and Frost are facing similar sanctions in Ramsey County for filing the same “frivolous and vexatious” lawsuit in two counties. A court hearing has not been scheduled yet in Ramsey County.
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.
MacDonald’s response to the complaint is due later this week.
Please follow Missing in Minnesota on Twitter and Facebook for updates on MacDonald’s lawsuit.
Allison Mann contributed to this story.
