Professional Malpractice Demand Letter - Arizona

PROFESSION-SPECIFIC DEMAND FOR SETTLEMENT

STATE OF ARIZONA

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

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 Disputed Services: [__/__/____] to [__/__/____]
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 disputed [legal/accounting/architectural/engineering/other licensed professional] services provided by [Professional Name]. This letter states the claimant's present factual and settlement position; it is not represented as a statutory notice unless counsel identifies and cites a claim-specific notice requirement in an attached addendum.

I. CLAIM AND PROCEDURE SCREEN

A. Profession, License, and Claim Classification

B. Deadline Analysis

A.R.S. 12-542 supplies a two-year period after accrual for the actions enumerated in that section, including injury to a person, medical malpractice as defined in A.R.S. 12-561, death ensuing from personal injury, trespass injury to property, and the other listed actions. It is not labeled a universal professional-malpractice deadline. Counsel's claim-specific deadline memorandum is attached as Exhibit [____].

For specified contract-based claims involving development, design, specifications, surveying, planning, supervision, testing, construction, or observation of an improvement to real property, A.R.S. 12-552 generally bars institution or maintenance more than eight years after substantial completion. If real-property injury occurs, or a latent defect is discovered, during the eighth year, subsection E allows one year from injury or discovery but no action more than nine years after substantial completion. The section does not apply to personal-injury or death actions and does not lengthen a shorter applicable period.

This demand and its response date do not toll, extend, waive, or satisfy a filing deadline.

C. A.R.S. 12-2601 and 12-2602 Expert Procedure

For this article, a covered “claim” excludes the identified health-care actions and requires a pleading against an Arizona-licensed professional based on alleged professional breach, negligence, misconduct, errors, or omissions where expert testimony is necessary to prove standard of care or liability.

When such a claim is asserted in a civil action, A.R.S. 12-2602(A) requires the claimant or counsel to file and serve with the claim a written certification stating whether expert testimony is necessary. If the certification says it is necessary, the preliminary expert opinion affidavit is served with Rule 26.1 initial disclosures and must address qualifications, factual basis, alleged acts or omissions, and how they caused or contributed to damages. The court may extend time for good cause or by stipulation. Dismissal without prejudice under subsection F follows a failure to file and serve the affidavit after the claimant certified it was necessary or the court ordered compliance.

☐ Pleading-stage certification plan attached

☐ Preliminary expert affidavit plan attached

☐ Counsel concludes the article does not apply; analysis attached

D. Fault Allocation

Under A.R.S. 12-2505, contributory negligence and assumption of risk are fact questions. If the factfinder applies either defense, damages are reduced in proportion to claimant fault proximately causing the injury or death. The statute denies comparative-negligence treatment to a claimant who intentionally, wilfully, or wantonly caused or contributed to the injury or wrongful death.

Claimant's present position and supporting facts: [________________________________].

II. PRESERVATION OF EVIDENCE - LITIGATION HOLD

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to the professional services provided to [Client Name], including but not limited to:

• 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
• Professional liability insurance policies
• 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 and preserve the listed material in its native form. This is a preservation request; any later remedy or instruction will depend on the governing facts, law, rules, and court orders.

III. FACTUAL BACKGROUND

A. Professional Engagement

[Client Name] engaged [Professional Name/Firm] on or about [__/__/____] 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: [__/__/____]
• [If applicable:] Termination date: [__/__/____]
• Fee arrangement: [Hourly/Fixed/Contingency]

B. Chronology of Events

[__/__/____]: [Describe what occurred]

[__/__/____]: [Describe what occurred]

[__/__/____]: [Describe what occurred]

C. The Professional Error(s)

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

D. Discovery of Malpractice

Our client first identified the disputed act, injury, or loss on [__/__/____], when [describe circumstances without assuming the legal accrual date].

IV. CLAIMANT'S PROOF AND SETTLEMENT POSITION

This section states the claimant's contentions and evidence. It does not prescribe one standard or element set for every profession.

V. EXPERT RECORD

☐ No expert representation is made in this demand.

☐ [Expert Name], a [PROFESSION / LICENSE], has provided the attached preliminary analysis dated [__/__/____].

☐ Expert work is ongoing and no final opinion is represented.

Do not state that an expert has reviewed the claim or reached an opinion unless the statement is accurate, authorized, and consistent with the pleading-stage plan under A.R.S. 12-2601 and 12-2602.

VI. DAMAGES

A. Direct Financial Losses

B. Consequential Damages

C. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the clear breach of the standard of care and the substantial damages incurred, we hereby demand:

$[DEMAND AMOUNT]

This negotiated demand will remain open until [TIME] Arizona time on [__/__/____]. This is a party-selected settlement deadline, not a statutory response period, and does not alter any filing deadline.

VIII. INSURANCE INFORMATION REQUEST

As part of settlement evaluation, please provide or identify by [__/__/____], to the extent voluntarily supplied or otherwise required after claim-specific review:

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

IX. DOCUMENTATION ENCLOSED

• Engagement letter and correspondence
• Documents evidencing the professional's work
• Documents evidencing damages
• Expert curriculum vitae
• [Other relevant documentation]

X. CONCLUSION

This case presents clear professional malpractice that caused significant financial harm to our client. We are prepared to litigate this matter through trial in the Arizona Superior Court if necessary.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: As noted above

cc: [Client Name]

File

ARIZONA REVIEW CHECKLIST

☐ Exact profession, license, defendant, engagement, and claim theories confirmed

☐ Every limitations, repose, contractual, public-entity, and pre-suit date separately analyzed

☐ A.R.S. 12-552 applicability, completion event, eighth-year facts, and personal-injury/death exclusion checked

☐ A.R.S. 12-2601 / 12-2602 certification and affidavit plan completed

☐ Claimant-fault facts reviewed under A.R.S. 12-2505

☐ Expert statements in this letter match the actual retained expert record

☐ Insurance request and settlement expiration are labeled negotiated requests

☐ Preservation language matches the records, custodians, systems, and anticipated dispute

☐ Current Arizona Rules of Civil Procedure and forum-specific requirements checked

Sources and References

• A.R.S. 12-542 — enumerated two-year actions (official Arizona Legislature)
• A.R.S. 12-552 — real-property development/design/construction outside period (official Arizona Legislature)
• A.R.S. 12-2505 — comparative negligence (official Arizona Legislature)
• A.R.S. 12-2601 — definitions (official Arizona Legislature)
• A.R.S. 12-2602 — expert-necessity certification and preliminary affidavit (official Arizona Legislature)

This template is specific to Arizona law. Always verify current law and consult with qualified Arizona counsel.