In re Petition for Disciplinary Action against Michael Anietie Essien, a Minnesota Attorney, Registration No. 031741X.
L. Lillehaug Associate Justice
May 20, 2019 order, we suspended respondent Michael Anietie
Essien for a minimum of 30 days, retroactive to October 16,
2018. In re Essien, 927 N.W.2d 747, 747 (Minn. 2019)
(order). We stated that Essien was "eligible for
reinstatement" and that "[i]n order to be
reinstated," Essien had to file an affidavit
"establishing," among other things, that he had
complied with Rule 26, Rules on Lawyers Professional
Responsibility (RLPR). Id.
filed an affidavit and a supplemental affidavit seeking
reinstatement and attempting to show his compliance with,
among other things, Rule 26, RLPR. We denied Essien's
request to be reinstated because he had not established that
he complied with Rule 26, RLPR. In re Essien,
A19-0113, Order at 2-3 (Minn, filed July 18, 2019). Our
denial was without prejudice, and we permitted Essien to file
an additional affidavit demonstrating that he has complied
with Rule 26, RLPR. Essien, Order at 3.
filed an additional affidavit stating that he has complied
with Rule 26, RLPR. The Director filed an affidavit stating
that she believes that Essien "has now complied with the
terms of the Court's suspension order and the
Director's Office does not object to [Essien's]
upon all the files, records, and proceedings herein, IT IS
HEREBY ORDERED THAT:
Respondent Michael Anietie Essien is conditionally reinstated
to the practice of law in the State of Minnesota, subject to
his successful completion of the written examination required
for admission to the practice of law by the State Board of
Law Examiners on the subject of professional responsibility,
and is placed on probation for 2 years, subject to the
a. Respondent shall cooperate fully with the Director's
Office in its efforts to monitor compliance with this
probation. Respondent shall promptly respond to the
Director's correspondence by its due date. Respondent
shall provide to the Director a current mailing address and
shall immediately notify the Director of any change of
address. Respondent shall cooperate with the Director's
investigation of any allegations of unprofessional conduct
that may come to the Director's attention. Upon the
Director's request, respondent shall provide
authorization for release of information and documentation to
verify compliance with the terms of this probation.
b. Respondent shall abide by the Minnesota Rules of
c. Respondent shall be supervised by a licensed Minnesota
attorney, appointed by the Director to monitor compliance
with the terms of this probation. Within 2 weeks of the date
of this order, respondent shall provide to the Director the
names of four attorneys who have agreed to be nominated as
respondent's supervisor. If, after diligent effort,
respondent is unable to locate a supervisor acceptable to the
Director, the Director will seek to appoint a supervisor.
Until a supervisor has signed a consent to supervise,
respondent shall on the first day of each month provide the
Director with an inventory of active client files described
in paragraph d. below. Respondent shall make active client
files available to the Director on request.
d. Respondent shall cooperate fully with the supervisor's
efforts to monitor compliance with this probation. Respondent
shall contact the supervisor and schedule a minimum of one
in-person meeting per calendar quarter. Respondent shall
submit to the supervisor an inventory of all active client
files by the first day of each month during the probation.
With respect to each active file, the inventory shall
disclose the client name, type of representation, date
opened, most recent activity, next anticipated action, and
anticipated closing date. Respondent's supervisor shall
file written reports with the Director at least quarterly, or
at such time as may reasonably be requested by the Director.
e. Respondent shall initiate and maintain office procedures
that ensure there are prompt responses to correspondence,
telephone calls, filing deadlines, court orders, and other
important communications from clients, courts, and other
persons interested in matters that respondent is handling and
that will ensure respondent regularly reviews each and every
file and completes legal matters on a timely basis.
f. Within 30 days from the date of this order, respondent
shall provide to the Director and to the probation
supervisor, if any, a written plan outlining office
procedures designed to ensure that respondent is in
compliance with probation requirements. Respondent shall
provide progress reports as requested.
May 20, 2020, respondent shall comply with Rule 18(e)(3),
RLPR, by filing with the Clerk of the Appellate Courts and
serving upon the Director proof of respondent's
successful completion of the written examination required for
admission to the practice of law by the State Board of Law
Examiners on the subject of professional responsibility.
Failure to do so shall result in ...