Advisory Opinion: 1286

Year Issued: 1989

RPC(s):

Subject: Receipt of settlement check for more than agreed upon amount; duty to clarify

The Committee reviewed your inquiry concerning your receipt of a settlement release and a check in the amount of $5000.00, when the agreed settlement was $4,000.00. The Committee was of the opinion that you have an obligation to clarify with the adjuster whether the adjuster intended the case to be settled for $4,000.00 or $5,000.00. If the $5,000.00 payment was made in error, then the Committee was of the opinion that you must return the extra $1,000.00, and that, in addition, you should get the settlement agreement amended to reflect the actual settlement.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.