Professional Malpractice Demand Letter - Hawaii

DEMAND FOR SETTLEMENT - PROFESSIONAL MALPRACTICE

STATE OF HAWAII

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

DATE: [Date]

DELIVERY METHOD: [CERTIFIED MAIL / PERSONAL DELIVERY / EMAIL / OTHER METHOD APPROVED BY COUNSEL]

[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 alleged errors or omissions by [Professional Name] during [legal/accounting/architectural/engineering/other] services. This letter describes the present allegations and a settlement proposal; it is not represented as satisfying any statutory notice, presuit, limitations, or tolling requirement unless Hawaii counsel separately confirms that effect.

I. HAWAII-SPECIFIC LEGAL FRAMEWORK

A. Profession and Claim Gate

Do not use a single generic standard of care, certificate rule, expert rule, or damages rule across attorneys, accountants, architects, engineers, surveyors, health-care providers, and other licensed professionals.

B. Deadline Analysis

HRS § 657-1 provides six years for the actions enumerated in that section, including recovery of a debt founded on a contract, obligation, or liability and personal actions not otherwise specifically covered. It is not a universal statement that every professional claim based on a written engagement has six years.

HRS § 657-7 requires actions seeking compensation for damage or injury to persons or property to be instituted within two years after accrual, subject to § 657-13. Whether a claim falls within § 657-7 and when it accrues require matter-specific analysis.

For a claim within HRS § 657-8(a), no contract, tort, statutory, or other action for covered property injury, bodily injury, or wrongful death arising from specified deficiencies or neglect in the planning, design, construction, supervision, administration, or observation of construction relating to an improvement to real property may be commenced more than ten years after the statutory date of completion. Section 657-8 does not extend a shorter applicable period. The current section defines completion through substantial completion or abandonment; specifies certificate-of-occupancy and § 507-43(f) filing routes; measures multiple buildings or improvements separately; and contains owner/interest-holder repair-or-maintenance, surveyor boundary-error, surety, and products-liability provisions that must be checked before use.

This demand does not toll, suspend, revive, or extend a filing deadline.

C. Comparative Negligence

HRS § 663-31 applies to negligence actions within its text. Recovery is not barred when the claimant's negligence is not greater than the negligence of the person or aggregate negligence of the persons against whom recovery is sought; any allowed damages are reduced in proportion to claimant negligence. Do not apply that rule mechanically to a contract, intentional-tort, fiduciary, statutory, or other theory without counsel's analysis.

Matter-specific defense and allocation analysis: [________________________________]

D. Standard of Care, Expert, Presuit, and Damages Review

The governing duty, proof method, expert need, common-knowledge issue, presuit filing, certificate or affidavit, and recoverable damages depend on the profession, claim, facts, and current law. Complete the following before retaining the allegations below:

II. PRESERVATION OF EVIDENCE - LITIGATION HOLD

We request preservation of potentially relevant evidence relating to the professional services provided to [Client Name], 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
• Professional liability insurance policies
• [For Attorneys:] Case files, pleadings, research memoranda
• [For Accountants:] Work papers, tax returns, financial statements
• [For Architects/Engineers:] Drawings, specifications, calculations, project files

This request does not state that any particular retention duty, spoliation claim, sanction, or remedy automatically applies. Preserve materials as required by current law, professional rules, court orders, and ordinary litigation-hold practice.

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]

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]

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 THEORY — RETAIN ONLY AFTER LEGAL REVIEW

The headings below are an allegation-development framework, not a universal statement of Hawaii elements for every profession or claim.

A. Duty (Professional Relationship)

[Professional Name] owed a duty of care to [Client Name] arising from the professional relationship established on [Date].

B. Breach of the Standard of Care

Applicable Standard and Authority: [________________________________]

Based on our expert's analysis, the applicable standard of care required [Professional] to:

1. [Standard 1]
2. [Standard 2]
3. [Standard 3]

Breaches:

Breach 1: [Detailed description]

Breach 2: [Detailed description]

C. Causation

Causation theory and governing test: [________________________________]

Underlying-matter proof, if counsel determines it is required: [________________________________]

D. Damages

As a direct and proximate result of the malpractice, [Client Name] has suffered the damages set forth below.

V. EXPERT OPINION

☐ An expert has been retained after counsel reviewed whether expert proof is necessary and whether the proposed expert is qualified for the profession and issues presented.

Expert: [Name / profession / license / qualifications]

Subject to a signed, supportable opinion, the expert's conclusions are:

1. [Professional Name] breached the applicable standard of care;
2. These breaches were a proximate cause of [Client Name]'s damages; and
3. Had appropriate professional services been rendered, [describe avoided outcome].

VI. DAMAGES

A. Direct Financial Losses

B. Consequential Damages

C. Summary of Damages

VII. SETTLEMENT DEMAND

Based on the matter-specific facts, authorities, and damages analysis completed above, our client proposes settlement in the amount of:

$[DEMAND AMOUNT]

This settlement proposal will remain open until [TIME AND TIME ZONE] on [EXPIRATION DATE], unless withdrawn or extended in writing. The response period is a settlement term only and does not alter any filing, notice, repose, or limitations period.

VIII. INSURANCE INFORMATION REQUEST

If voluntarily available and legally disclosable, please provide by [DATE]:

1. Insurer and claim-contact information for any coverage the recipient identifies as potentially applicable
2. Any coverage information the recipient is authorized or required to disclose
3. A response identifying any separate process required for a coverage request

This letter does not represent that Hawaii law compels pre-suit production of a policy, limits, deductible, or self-insured retention on this demand.

IX. DOCUMENTATION ENCLOSED

• Engagement letter and correspondence
• Documents evidencing the professional's work
• Documents evidencing damages
• Expert curriculum vitae

X. CONCLUSION

Our client contends that the documented acts or omissions caused the losses described above. If the matter is not resolved, counsel will evaluate the appropriate Hawaii court, agency, arbitration, or other forum after jurisdiction, venue, contract, and claim-specific review.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: As noted above

cc: [Client Name]
File

Sources and References

• HRS § 657-1 — six years for enumerated actions (official current HRS)
• HRS § 657-7 — damage to persons or property (official current HRS)
• HRS § 657-8 — covered construction-related claims (official current HRS; history includes 2025 Act 308)
• HRS § 663-31 — comparative negligence (official current HRS)

This template is specific to Hawaii but is not profession-complete. Hawaii counsel must recheck every retained allegation against the law governing the selected profession and claim before delivery.