So let me see if I got this right. You want the attorney who made a mistake to have to pay for the mistake himself either out of pocket or through his insurance (if he has any) so that you do not have to return the money you did not have coming and you do not deserve. It sound like you want to punish the attorney for his error so that you can remain unjustly enriched. Is there something beyond the attorney's error that might justify your position?Ask a similar question
Since you have acknowledged the overpayment, you should promptly pay it back since you have no legal right to it. Assuming the sum was paid by the E&O carrier that would not relieve you of the obligation to reimburse the E&O carrier for the sum paid. Unless you want to be on the receiving end of a lawsuit – pay back the overpayment.
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The other attorneys are correct. You can't say: you made an honest mistake and now we have you by the you-know-whats and stick it to them. Also, you may have signed a release and refunding bond/agreement which obligated you to pay back any erroneous distribution.
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It may appear to you that you received a windfall and that you are entitled to it because someone made an error. The reality of the situation is that you received something to which you were not entitled. You have acknowledged that you are not entitled to it, and that you don't care who has to pay for the error. Ultimately, if the OR attorney pays for it himself or through his E&O insurance, you will most likely be on the defendant's end of a lawsuit. You didn't share any facts about the release you most likely executed when you received the funds... My guess is that if this escalates to suit, you are going to eventually regret not doing the moral and equitable right thing and returning the overpayment.
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