OFFICE OF
APPELLATE COURTS
STATE OF MINNESOTA
NOV 05 2014
IN SUPREME COURT
FILED
Al2-l 101
In re Petition for Disciplinary Action against
Lori Mae Michael, a Minnesota Attorney,
Registration No. 312149.
ORDER
On September 18, 2013, we suspended respondent Lori Mae Michael from the
practice of law for a minimum of 30 days. In re Michael, 836 N.W.2d 753, 768 (Minn.
2013 ). We expressly stated that by September 18, 2014, respondent was required to file
with the Clerk of Appellate Courts proof of her successful completion of the professional
responsibility portion of the state bar examination and that failure to do so would result in
automatic re-suspension, pursuant to Rule 18(e)(3 ), Rules on Lawyers Professional
Responsibility (RLPR). Michael, 836 N.W.2d at 768-69.
We reinstated respondent on November 5, 2013. In re Michael, 838 N.W.2d 790,
791 (Minn. 2013) (order). Our order reinstating respondent repeated the requirement
that, by September 18, 2014, respondent had to file with the Clerk of Appellate Courts
proof of successful completion of the professional responsibility portion of the state bar
examination and that failure to do so would result in automatic re-suspension, pending
successful completion of the examination, pursuant to Rule 18(e)(3), RLPR. Michael,
838 N.W.2d at 791-92.
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Rule 18(e )(3 ), RLPR, provides that, unless waived by this court, a lawyer who has
been suspended for 90 days or less "must, within one year from the date of the
suspension order, successfully complete such written examination" for the professional
responsibility portion of the state bar examination. "Except upon motion and for good
cause shown, failure to successfully complete this examination shall result in automatic
suspension of the lawyer effective one year after the date of the original suspension
order." Id.
Respondent did not provide this court with proof by September 18, 2014, that she
successfully passed the professional responsibility portion of the state bar examination.
In response to an order directing respondent to provide proof of cause why she should not
be immediately suspended, respondent states that during the summer of 2014 she realized
for the first time that the professional responsibility portion of the state bar examination is
only offered three times per year; that she learned this after the deadline to take the
August 2014 exam had passed; and that even if she had realized sooner that she needed to
register, she would not have been able to afford to take the examination because of
financial problems. Michael also states that she has registered for the November 2014
exam. Michael asked for additional time to provide proof that she has successfully
completed the professional responsibility portion of the state bar examination. The
Director of the Office of Lawyers Professional Responsibility has not responded to
Michael's affidavit.
Based on all the files, records, and proceedings herein,
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IT IS HEREBY ORDERED that the motion of respondent Lori Mae Michael for
additional time in which to provide proof of her successful completion of the professional
responsibility portion of the state bar examination is denied. Respondent's conditional
reinstatement is revoked, and she is indefinitely suspended, effective 10 days from the
date of the filing of this order. Respondent shall comply with Rule 26, RLPR (requiring
notice of suspension to clients, opposing counsel, and tribunals). Respondent may apply
for reinstatement under Rule 18(f), RLPR, by filing with the Clerk of Appellate Courts
and the Director of the Office of Lawyers Professional Responsibility proof that she has
successfully completed the professional responsibility portion of the state bar
examination.
Dated: November 5, 2014
BY THE COURT:
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