Legal Question in Legal Ethics in California

I have a dispute regarding storage of a car. My attorney made a typo in her offer letter and the other party accepted it. ( I offered $500 but the letter said 4500) When informed the ammount was in error the other party broke off contact. My attorney claims that because they would not have accepted $500 and because the letter went into detail how we came to the amount of $500 the offer is invalid and I must continue making new offers.

I feel she should settle and pay the difference but do not know how the law works.


Asked on 8/08/10, 1:02 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I am pleased that this is the correct question for this category. Other people are confused by this category.

A harmless error by your attorney does not mean your attorney hast to settle your case at the higher amount and pay the difference. If they would have rejected $500, you don't have a settlement. If the offer was erroneous and accepted, your attorney has the duty to correct the mistake and any fallout from the mistake, such as setting aside the settlement agreement. If there is no settlement agreement, you are still in litigation.

The big question is whether a written settlement agreement was entered into, and what steps have been taken by your attorney to correct the error.

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Answered on 8/13/10, 1:23 pm

I agree with Mr. Roach. Your attorney should not bill you for correcting the error, but once you are back to ground zero, the attorney has done their job. Be happy the other side isn't trying to hold you to the settlment, though ultimately they would be very unlikely to succeed. Depending on everything contained in the offer, though, I think you could have a case that they accpted your $500 offer. If it was clear from the entire context of the offer that it was $500 and it only said 4500 in one place, you may have bound them. Ask your attorney to look at that.

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Answered on 8/14/10, 10:10 am


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