A Minot woman is suing a local attorney and law firm, alleging breach of professional duty.

Rebecca Rosales-Olmos filed a complaint June 24 against Michael Ward and Eaton, Ward & Associates. Ward and the firm responded to deny all allegations.

The complaint states Rosales-Olmos contacted the firm when Workers Safety Insurance began investigating her drywall business for failing to insure employees. Her complaint states she acted on legal advice in allowing the lawsuit to proceed until it was too late for her to respond, resulting in a $3,000 judgment. In its response, the law firm denied having provided any legal advice to Rosales-Olmos in her WSI case.

The complaint also states counsel advised her, in response to the $3,000 claim, to file bankruptcy without informing her of the financial consequences. Counsel failed to correct errors in filing the bankruptcy forms, publicly filed information with her Social Security number and was either late or failed to appear at creditors’ meetings, according to the complaint.

The law firm responded Rosales-Olmos did not provide its attorneys with the necessary information to properly represent her and avoid errors in the bankruptcy filing. It stated Ward was only minutes late to a creditors’ meeting and properly represented his client when he arrived. He did not appear at a second meeting in January 2014 because Rosales-Olmos had terminated his representation. The firm responded that it provided the full case file to her new attorney.

Rosales-Olmos argues that she did not dismiss Ward until March 2014 and never received her complete case file. She filed a disciplinary complaint against Ward that resulted in a reprimand to Ward in December 2015 for failing to respond with reasonable diligence and promptness in representing a client.

Rosales-Olmos’ claim states she lost her business in the bankruptcy, incurred legal costs and faced expenses associated with identity theft protection. The lawsuit requests unspecified financial damages.

Jill Schramm