IF the overage is legitimate--that is, if you were truly paid more than you should have been--you will need to return the money. You have no right to it. You do have a right to see the documentation and proof that was an overpayment--you don't need to simply take the attorney's word for it, and you can satisfy yourself that this did happen.The attorney's malpractice insurance may or may not pay out, such as if he is sued by whichever party overpaid. but that doesn't change the fact that you have to return any overpayment. If it's the attorney's own money that was mistakenly wired, his malpractice coverage is irrelevant. Malpractice reimburses other parties who sue an attorney for the attorney's bad legal practice, but does not protect the lawyer from his own faults and does not absolve others of their own legal obligations.