LEO: Fee - Duplicate Payment by Client and LE Op. 248
Fee - Duplicate Payment by Client and Third Party.
September 18, 1974
An attorney had previously represented a client for which he was paid
partly in cash and partly by note by a third party with the knowledge and
consent of the client. Several years later the client, having learned that
the note remained unpaid, paid to the attorney the balance of the note.
Thereafter, the third party (without knowledge of the payment by the
client) paid the balance of the note without advising the client he had
done so. At this point the attorney should make full disclosure to both
the client and the third party and seek their instructions regarding the
double payment. [See II: DR:1-102 and DR:2-105.]
Committee Opinion September 18, 1974