On Thursday, June 5, 2025, the Minnesota Supreme Court indefinitely suspended attorney Susan S. Smith from practicing law due to serious professional misconduct. The court’s decision followed a disciplinary action petition filed by the Director of the Office of Lawyers Professional Responsibility, which detailed multiple violations of the Minnesota Rules of Professional Conduct.
The allegations against Smith included a failure to adequately consult with her clients regarding their wishes to proceed with lawsuits, a lack of communication about the risks involved, and not keeping clients informed about the litigation’s progress. Additionally, she was found to have failed to pay $25,000 in court-ordered sanctions and did not cooperate with the Director’s investigation into her conduct.
Following the filing of her answer to the petition, the matter was referred to a referee, who conducted a hearing. The referee concluded that Smith had committed the alleged rule violations and made findings regarding both aggravating and mitigating factors. The referee recommended a minimum three-month suspension, allowing for reinstatement by affidavit if Smith paid the outstanding sanctions or entered into an acceptable payment plan. The Director, however, suggested a more severe six-month suspension.
The court noted that no party had requested a transcript of the proceedings, rendering the referee’s findings conclusive. In establishing the appropriate disciplinary action, the court stated that it would weigh the nature of the misconduct, the cumulative violations of professional conduct rules, and the harm caused to the public and the legal profession.
Smith’s misconduct primarily involved her representation of the Minnesota Election Integrity Team (MNEIT), which sought to challenge the results of the 2020 Minnesota elections. Smith drafted an affidavit soliciting individuals to contest the election results and subsequently filed five election contests in Ramsey County District Court, naming 14 individuals as plaintiffs without their consent. None of these individuals were informed that they had been included in the lawsuits, leading to significant repercussions.
The district court ultimately dismissed all five election contests, and the defendants were awarded approximately $18,000 in costs, resulting in monetary judgments against the plaintiffs. The court found that Smith had committed fraud by filing the lawsuits without the plaintiffs’ knowledge or consent, leading to sanctions of $10,000 and an additional $15,000 from a three-judge panel due to her conduct.
The Supreme Court emphasized that filing an unsuccessful election challenge does not, in itself, constitute attorney misconduct. However, Smith’s lack of communication with her clients and her failure to seek permission before including them in the lawsuits were deemed unacceptable. Additionally, the court recognized Smith’s ongoing non-compliance with the sanctions imposed against her.
The referee acknowledged that while Smith had accepted some responsibility, there was a lack of true remorse, which was considered an aggravating factor in the case. The court also highlighted that similar cases, particularly In re Greenman, which involved a six-month suspension for analogous violations, served as a guiding precedent for determining the appropriate disciplinary action.
The court’s ruling included several conditions for Smith’s eventual reinstatement, which will not be permitted for at least 180 days. Before seeking reinstatement, she must pay the previously ordered sanctions, comply with professional conduct rules, and fulfill continuing legal education requirements. Upon reinstatement, she will be placed on probation for two years, subject to strict compliance monitoring by the Director’s Office.
According to Avvo, Ms. Smith is a family lawyer in Brooklyn Center, MN. She acquired her law license in Minnesota in 2004.
A copy of the original filing can be found here.
