Professional Malpractice Demand Letter - Alabama

DEMAND FOR SETTLEMENT - PROFESSIONAL MALPRACTICE

STATE OF ALABAMA

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Alabama ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Alabama

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Professional's Name or Firm]
[Professional Liability Insurance Carrier]
[Street Address]
[City, State ZIP]

RE: PROFESSIONAL MALPRACTICE CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date(s) of Negligent Services: [Date or Date Range]
Professional(s): [Professional Name(s)]
Type of Professional: [Attorney/CPA/Architect/Engineer]
Claim Number: [If assigned]

Dear [Recipient Name]:

This firm represents [Client Name] concerning a potential claim arising from services provided by [Professional Name]. This letter identifies the presently known facts, requests preservation and a response, and proposes a settlement process. It must be tailored only after counsel classifies the defendant, engagement, legal theory, injury, governing statute, and filing deadline.

I. CLAIM CLASSIFICATION AND DEADLINE SCREEN

Complete this section before sending the demand. Do not use one rule for every licensed professional.

A. Defendant and Engagement

Defendant type:

☐ Alabama-licensed attorney, law firm, or other person/entity within the ALSLA definition of a legal service provider

☐ Architect or engineer performing covered services for construction of an improvement on or to real property

☐ Licensed builder within Ala. Code § 6-5-220

☐ Accountant, consultant, surveyor, broker, or other professional: [________________]

Engagement source: ☐ Written contract ☐ Oral agreement ☐ Fiduciary relationship ☐ Statute/regulation ☐ Other: [________________]

Claim theory under review: ☐ Contract ☐ Tort ☐ Fiduciary duty ☐ Misrepresentation ☐ Statutory claim ☐ Other: [________________]

Injury: ☐ Personal injury ☐ Property damage/defect ☐ Economic loss ☐ Adverse judgment or lost claim ☐ Other: [________________]

B. Legal-Service Liability Route

For a claim against a legal service provider, Ala. Code §§ 6-5-570 to 6-5-581 create a single legal service liability action encompassing contract, tort, intentional, unintentional, statutory, and common-law theories within the statutory definition.

Section 6-5-574(a) generally measures two years from the act, omission, or failure giving rise to the claim. If the claim was not and could not reasonably have been discovered in that period, the subsection allows six months from discovery or discovery of facts reasonably leading to discovery, whichever is earlier, but generally bars commencement more than four years after the act, omission, or failure. Counsel must separately apply subsection (b), the statutory computation provisions it identifies, and any controlling decisions.

Do not state that § 6-5-572 requires a certificate of merit. That section defines the action, provider, standard of care, breach, and underlying action; the sending or filing team must separately check current procedural rules and controlling decisions.

C. Architect, Engineer, or Covered Builder Route

Ala. Code §§ 6-5-220 and 6-5-221 apply only when the defendant and improvement-related services fit their definitions and scope. For a covered action, § 6-5-221 generally requires commencement within two years after accrual and bars relief for a cause that accrues more than seven years after substantial completion, subject to the section's actual-knowledge, ownership, possession/control, and time-exclusion provisions.

D. Other Professional Route

Ala. Code § 6-2-38(l) gives a two-year period only to an action for injury to the person or rights of another that does not arise from contract and is not specifically enumerated in that section. It is not a universal professional-malpractice deadline. For any other defendant, identify the claim-specific contract, tort, fraud, licensing, repose, accrual, and remedy authorities before stating a deadline or legal standard.

Selected governing authority: [________________]

Accrual rule and filing date: [________________]

Presuit procedure, if any: [________________]

E. Proof and Defenses

For an ALSLA claim, § 6-5-580 places on the plaintiff the burden of proving breach of the applicable standard of care and defines that standard by reference to similarly situated legal service providers in the same general line of practice and area. For every other profession, insert only the standard, expert-proof rule, causation test, defenses, and damages rules verified for the selected defendant and claim.

II. PRESERVATION REQUEST

Because a dispute is reasonably anticipated, please take reasonable steps to preserve nonduplicative information within your possession, custody, or control that relates to the engagement, alleged acts or omissions, causation, damages, defenses, and available coverage, including:

• Complete client files (paper and electronic)
• All drafts and working papers
• Correspondence (including emails, texts, and messages)
• Engagement letters and fee agreements
• Time records and billing statements
• Internal memoranda and notes
• Conflict check documentation
• Any recorded communications
• Professional liability policy notices, reservation letters, and claim communications, subject to privilege and applicable law
• All versions of documents with metadata
• [For Attorneys:] Case files, pleadings, research memoranda
• [For Accountants:] Work papers, tax returns, financial statements
• [For Architects/Engineers:] Drawings, specifications, calculations, project files

Please suspend routine deletion to the extent reasonably necessary. This request does not demand inaccessible, disproportionate, privileged, or legally protected material and does not predetermine any remedy or consequence.

III. FACTUAL BACKGROUND

A. Professional Engagement

[Client Name] engaged [Professional Name/Firm] on or about [Date] to provide [type of professional services]:

Scope of Engagement:

• [Describe the scope of professional services]
• [Objectives or goals of the engagement]
• [Any specific representations made]

Professional Relationship:

• Engagement date: [Date]
• [If applicable:] Termination date: [Date]
• Fee arrangement: [Hourly/Fixed/Contingency]

B. Chronology of Events

[Date]: [Describe what occurred]

[Date]: [Describe what occurred]

[Date]: [Describe what occurred]

C. The Professional Error(s)

[Describe specifically what the professional(s) did wrong]

D. Discovery of Malpractice

Our client [did not discover / could not have reasonably discovered] the malpractice until [Date], when [describe discovery circumstances].

IV. CLAIM ANALYSIS

State allegations as contentions supported by the present record, not as predetermined conclusions.

A. Relationship and Source of Duty

Relationship: [Describe the engagement, parties, intended recipient of services, scope, and dates.]

Selected source of duty or obligation: [Contract term / ALSLA standard / improvement-related statute / other verified authority]

Supporting documents:

• [Engagement letter or contract]
• [Scope changes and instructions]
• [Other relationship evidence]

B. Alleged Act or Omission

C. Applicable Standard and Proof

Claim-specific standard: [Quote or accurately summarize the verified authority.]

Expert proof: ☐ Required ☐ Not required ☐ Unresolved — authority: [________________]

Qualified reviewer, if actually retained: [Name / profession / license / relevant field]

Present opinion or analysis: [Describe only an opinion actually obtained; otherwise state that review is continuing.]

D. Causation and Alternative Causes

Outcome absent the alleged act or omission: [________________]

Causal chain and supporting evidence: [________________]

Alternative causes, intervening conduct, mitigation, claimant conduct, and defenses to evaluate: [________________]

E. Claimed Loss

The claimed losses below remain subject to proof, causation, mitigation, recoverability, offsets, and nonduplication under the selected law.

V. PROFESSIONAL REVIEW, IF RELIED UPON

☐ No expert or professional opinion is represented in this demand.

☐ A qualified reviewer has provided the following signed or otherwise documented opinion: [________________]

☐ Review remains in progress; no expert conclusion is stated.

Attach or summarize an opinion only with the reviewer's authorization and only after confirming qualification, discoverability, privilege, disclosure timing, and the claim-specific proof rule.

VI. CLAIMED LOSS AND SETTLEMENT CALCULATION

A. Direct Financial Losses

B. Claimed Consequential Losses

C. Remedial and Claim-Preparation Costs

D. Summary of Damages

VII. SETTLEMENT DEMAND

Based on the facts and claim analysis summarized above, our client offers to resolve the identified dispute for:

$[DEMAND AMOUNT]

This demand will remain open for thirty (30) days from the date of this letter, expiring at 5:00 p.m. Central Time on [Expiration Date].

VIII. COVERAGE AND RESPONSE REQUEST

Please forward this demand promptly to any potentially applicable professional-liability carrier and identify the person authorized to discuss the claim. If you are willing and legally able to do so, please provide:

1. All professional liability insurance policies applicable to this claim
2. Policy limits for each applicable policy
3. Any deductible or self-insured retention amounts
4. Excess/umbrella coverage information
5. Claims-made policy retroactive dates

If any requested information is withheld, please identify the category withheld and the basis without disclosing privileged communications.

IX. DOCUMENTATION ENCLOSED

• Engagement letter and correspondence
• Documents evidencing the professional's work
• Documents evidencing damages
• Expert or reviewer material, only if authorized for disclosure
• [Other relevant documentation]

X. CONCLUSION

Our client contends that the acts and omissions identified above caused the documented losses. Please identify any disputed facts, legal classification, causation issue, defense, offset, or additional material you believe should be considered.

If the dispute is not resolved, our client will evaluate available proceedings in the forum and under the authority selected by counsel. No forum, filing route, remedy, or recoverable amount is asserted here without that matter-specific review.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Alabama State Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

ALABAMA CLAIM-CONTROL CHECKLIST

☐ Defendant type, licensure, entity, and responsible actors confirmed

☐ Engagement, intended recipient, scope, amendments, and termination documented

☐ Contract, tort, statutory, fiduciary, and licensing theories classified separately

☐ ALSLA status analyzed under §§ 6-5-570 to 6-5-581 if legal services are involved

☐ Architect/engineer/builder definitions, improvement, substantial completion, accrual, and exceptions analyzed under §§ 6-5-220 to 6-5-221 if applicable

☐ Section 6-2-38(l) used only for a qualifying noncontract action not otherwise enumerated

☐ Every filing deadline independently calculated; the settlement response date does not toll it

☐ Standard of care, expert-proof issue, causation method, defenses, and recoverable loss grounded in claim-specific authority

☐ Preservation request limited to relevant, nonduplicative, reasonably accessible material within possession, custody, or control

☐ Settlement amount reconciled to evidence, mitigation, offsets, insurance, liens, taxes, fees, and nonduplication

☐ Filing forum, venue, service, arbitration, presuit process, and remedies confirmed before suit

This Alabama form is a classification-first settlement tool. It does not replace claim-specific deadline, procedure, proof, defense, insurance, or remedy analysis by licensed counsel.