On Wednesday, April 2, 2025, the Supreme Court of Minnesota disbarred attorney Kristi D. McNeilly following her 2022 felony conviction for theft by swindle. The decision stemmed from McNeilly’s actions in 2018, when she misled a client into paying her $15,000 under false pretenses, leading to her removal from the practice of law in the state.
The case is entitled “In the Matter of Kristi D. McNeilly,” with case no. A22-0574.
McNeilly had been practicing law in Woodbury prior to her disbarment. Her legal career included two prior disciplinary actions: a public reprimand and three-year probation in 2015, followed by an admonishment in 2016.
The recent disciplinary action was initiated by the Director of the Office of Lawyers Professional Responsibility, who filed a petition citing McNeilly’s criminal conviction as evidence of professional misconduct.
The events leading to McNeilly’s conviction began in 2018 after a police search of a Minnetonka residence uncovered illegal drugs. McNeilly was hired to represent two individuals, identified as M.A.W. and J.J.S., before formal charges were filed. She agreed to represent M.A.W. for $20,000 and J.J.S. for $2,500, receiving a total of $22,500, which she deposited into her business account rather than a trust account as required by professional conduct rules.
In November 2018, McNeilly contacted M.A.W., claiming urgent developments in his case. She met with M.A.W. and J.J.S. at M.A.W.’s home, stating that a detective and prosecutor had invited her to a private meeting to discuss a deal. McNeilly suggested that M.A.W. faced 15 to 20 years in federal prison but could avoid charges by paying $35,000 to a police union fund and serving as a confidential informant. When M.A.W. declined to become an informant, McNeilly proposed an alternative: a $50,000 payment to the same fund to secure leniency without informant work.
M.A.W. indicated he could only pay $15,000 immediately. McNeilly, after stepping away briefly, agreed to accept the partial payment, provided it was delivered by 6:00 p.m. that day. She drove M.A.W. to his bank, where he obtained a $15,000 cashier’s check, labeled as “legal fees” at her instruction. McNeilly deposited the check into her business account and later used the funds for personal expenses, including mortgage and credit card payments. No evidence showed any payment to a police union.
M.A.W. later hired a new attorney, who advised him to request a refund and report the incident. The Burnsville Police Department investigated, finding no record of communication between McNeilly and the Minnetonka detective she claimed to have consulted. In 2019, McNeilly was charged with felony theft by swindle, facing up to 10 years in prison. A jury convicted her in 2021, and her appeals were denied by both the Minnesota Court of Appeals in 2022 and the Supreme Court in 2024.
Following the affirmed conviction, disciplinary proceedings resumed. McNeilly and the Director stipulated to the facts, with McNeilly admitting her conviction constituted misconduct under rules governing lawyer honesty and trustworthiness. She waived her right to a hearing or to present evidence of mitigating factors. The appointed referee found no mitigating circumstances and identified aggravating factors, including McNeilly’s lack of remorse, harm to her client, damage to the legal profession’s reputation, and her prior discipline. The referee recommended disbarment, a sanction the Supreme Court adopted without oral argument after McNeilly requested its cancellation.
The court’s ruling requires McNeilly to notify clients, opposing counsel, and tribunals of her disbarment and to pay $900 in costs.
The Disposition states:
“For the foregoing reasons, respondent Kristi D. McNeilly is disbarred from the practice of law in the State of Minnesota, effective on the date of this opinion. Respondent must comply with Rule 26, RLPR (requiring notice to clients, opposing counsel, and tribunals), and must pay $900 in costs under Rule 24(a), RLPR.”
According to avvo.com, Ms. McNeilly was a construction and development attorney in Woodbury, Minnesota. She acquired her law license in Minnesota in 2004.
A copy of the original filing can be found here.
