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