These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
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LEO NumTopicsSummary

31-Protecting and Disclosing Confidences and Secrets

54-Insurance Defense Lawyers

A settlement between an insurance company and a personal injury plaintiff included an amount to pay a bill that the plaintiff's lawyer later learned was accidentally issued by a hospital and which the client did not really owe. The lawyer asked if there was an obligation to advise the insurance company of the mistake. Because it was a mistake and not an attempt by the plaintiff to defraud the insurance company, the lawyer must keep the mistake secret. However, the lawyer must concede the mistake if the insurance company later discovers it.

Copyright 2000, Thomas E. Spahn