E. Michelle Drake

E. Michelle Drake is a skilled trial lawyer dedicated to advancing her clients' interests.

As a graduate of both Harvard Law School and Oxford University who learned to practice law by trying high stakes criminal cases, Michelle possesses a rare combination of elite academic pedigree and real world trial skills.

Michelle started her career working as a public defender in Atlanta, Georgia. During that time, Michelle was lead counsel in hundreds of felony criminal cases. She tried many cases, including five murder cases, to verdict. After working as a public defender for several years, Michelle founded her own law firm and expanded her practice to include civil cases. In 2007, Michelle moved back to her home state of Minnesota and decided to join Nichols Kaster.

Michelle has represented thousands of employees and consumers, in both individual and class cases.  Her efforts have resulted in her clients recovering millions of dollars.  

Michelle has never lost her desire to spend her career fighting for the rights of individuals. Whether her clients are misclassified employees or consumers who have been treated unfairly by their bank, Michelle is happiest fighting on the side of the underdog. She is a fierce and fearless litigator and always puts her clients' interests first.    

Michelle's dry wit and straightforward speaking style have made her a valued member of the local and national community of consumer and employee rights litigators. She has spoken at numerous continuing legal education seminars.  Michelle’s opinions have been published in the National Law Journal, and her cases were named as "Lawsuits of the Year" by Minnesota Law & Politics in both 2008 and 2009. Michelle has been named to the Rising Stars list by Minnesota Super Lawyers.  Michelle leads the firm’s Consumer Class Action Team, which helps originate individual and class action cases directed at achieving justice for consumers.

Admissions

• State Bar of Georgia
• Minnesota Supreme Court
• U.S. Court of Appeals for the First Circuit
• U.S. Court of Appeals for the Eighth Circuit
• U.S. District Court – Northern District of Georgia
• U.S. District Court – District of Minnesota
• U.S. District Court – Western District of Texas
• U.S. District Court – Eastern District of Wisconsin

Education

• J.D. Harvard Law School, 2001
• M.Sc. Oxford University, 1998
• B.A. Harvard College, 1996

Publications / Speaking Engagements

• “Real World Ethics Issues and Answers for the Employment Lawyer.” Minnesota Continuing Legal Education Seminar, Minneapolis, MN, November 2011.
• “The Complete Lawyer: Consumer Law 101.” Minnesota Continuing Legal Education Seminar, Minneapolis, MN, November 2011.
• “Litigation and the Federal Rules. What Every Paralegal Should Know”, National Federation of Paralegal Associations, Annual Convention, Bloomington, MN, October 2011.
• “Dukes v. Wal-Mart: the View from the Plaintiff’s Bar.” American Conference Institute’s Defending and Managing Retaliation and Discrimination Claims Conference, New York City, NY, July 2011.
• “How to Practice in Federal Court: Complaints, Answers, and Service of Process.” Minnesota Continuing Legal Education Seminar, Minneapolis, MN, October 2010.
• "Recent Trends in FLSA Collective Actions Panel." Minnesota Federal Bar Association Annual Seminar, Minneapolis, MN, June 2010,
• Minnesota Continuing Legal Education Panel on Real-World Ethics Issues and Answers for the Employment Lawyer (Minneapolis, MN, June 2010).
• "Maintaining Privilege and Confidentiality." National Federation of Paralegal Associations Annual Convention, Bloomington, MN, June 2010.
• "Strategic Discovery Practice", Upper Midwest Employment Law Institute, Minneapolis, MN, May 2010.
• Minnesota Continuing Legal Education Panel on the Impact of Twombly and Iqbal on the Pleading standard (Minneapolis, MN, February 2010).
• Interviewed by National Law Journal regarding recent wave of tip pooling cases (June 2009).
• Strategic Discovery: How to Fight Discovery Abuses and Win Discovery Disputes, Minnesota Institute for Continuing Legal Education (May 2009).
• Who’s the Boss? Joint employers, successor employers and integrated enterprises, Equal Employment Opportunity Commission Investigator training (March 2008).
• Litigating Capital Cases Under Georgia’s New Discovery Statutes, Advanced Capital Defender Training (St. Simons Island, GA, January 2006).
• Responding to Changes in Georgia’s Criminal Discovery Statutes, Advanced Capital Defender Training. (St. Simons Island, GA, July 2005).

Titles / Awards / Memberships

• Named to the Rising Stars list, Minnesota Super Lawyers, Minneapolis/St. Paul Magazine, and Minnesota Business Journal, 2011
• Federal Practice Committee, U.S. District Court, Minnesota, Appointed 2010
• Children’s Law Center of Minnesota Volunteer Attorney
• Thurgood Marshall Defender Award, Massachusetts Committee for Public Counsel Services Recipient, 2001
• American Bar Association Member
• American Civil Liberties Union Member
• Federal Bar Association Member
• Hennepin County Bar Association Member
• Minnesota Association for Justice Member
• Minnesota National Employment Lawyers Association Member
• Minnesota State Bar Association Member
• Minnesota Women Lawyers Member
• National Association of Consumer Advocates Member
• National Employment Lawyers Association Member
• National Lawyers Guild Member
• Public Citizen Member