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]

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] in connection with the professional malpractice committed by [Professional Name] during the provision of [legal/accounting/architectural/engineering] services. This letter constitutes formal notice of our client's claim and our demand for settlement.

I. HAWAII-SPECIFIC LEGAL FRAMEWORK

A. Governing Law

This claim is governed by Hawaii common law principles of professional negligence and the Hawaii Revised Statutes (HRS).

B. Statute of Limitations

Contract-Based Claims: Under HRS Section 657-1, actions based on written contracts must be brought within six (6) years.

Tort-Based Claims: Under HRS Section 657-7, actions for injury to persons or property must be brought within two (2) years.

Discovery Rule: Hawaii applies the discovery rule. The cause of action accrues when the plaintiff discovers or should have discovered the negligent act, the damage, and the causal connection between them. Hays v. City & County of Honolulu, 81 Haw. 391 (1996).

Design Professionals - Statute of Repose: Under HRS Section 657-8, claims against architects, engineers, and contractors for defective design or construction must be brought within 10 years after substantial completion.

Relevant Dates in This Matter:
- Date(s) of negligent services: [Date(s)]
- Date of discovery: [Date]
- Limitations period expires: [Date]

C. Comparative Fault

Hawaii follows modified comparative fault (50% bar) under HRS Section 663-31. A plaintiff is not entitled to recover damages if the plaintiff's negligence is greater than the combined negligence of all defendants. If equal to or less, recovery is diminished proportionally.

Our investigation establishes that our client bears no fault for the damages caused by the defendant's professional negligence.

D. Standard of Care Under Hawaii Law

Under Hawaii law, a professional must exercise that degree of care, skill, and competence which reasonably competent practitioners in the same field ordinarily exercise under like circumstances.

Attorney Standard: An attorney must exercise the skill, prudence, and diligence that lawyers of ordinary skill and capacity commonly possess and exercise. Blair v. Ing, 96 Haw. 327 (2001).

Accountant Standard: An accountant must exercise the degree of skill and care that a reasonably competent accountant would exercise under similar circumstances.

Architect/Engineer Standard: Design professionals must exercise the care and skill ordinarily used by members of their profession.

E. Expert Witness Requirements

Expert testimony is required to establish the standard of care and breach in professional malpractice cases. Craft v. Peebles, 78 Haw. 287 (1995).

Exception: Expert testimony is not required where the negligence is within the common knowledge of laypersons.

Certification: We have retained a qualified expert who has reviewed the relevant materials and concluded that the applicable standard of care was breached.

F. Damage Caps

Hawaii does not impose statutory caps on compensatory damages in professional malpractice cases.

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
• 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

Modification, destruction, or concealment of any records will result in claims for spoliation and sanctions.

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. ELEMENTS OF PROFESSIONAL MALPRACTICE

Under Hawaii law, a plaintiff must establish:

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: [Professional Name] was required to exercise that degree of care, skill, and competence which reasonably competent practitioners in the same field ordinarily exercise.

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

Proximate Cause: But for [Professional Name]'s breach of the standard of care, [Client Name] would not have suffered the damages described herein.

Legal Malpractice - Case Within a Case: [If applicable:] Had [Attorney Name] properly handled the matter, our client would have [obtained a favorable judgment / avoided liability]. Blair v. Ing, 96 Haw. 327 (2001).

D. Damages

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

V. EXPERT OPINION

We have retained [Expert Name], a [licensed attorney/CPA/architect/licensed professional engineer] with [number] years of experience. [Expert Name] has concluded that:

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

$[DEMAND AMOUNT]

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

VIII. INSURANCE INFORMATION REQUEST

Please provide within ten (10) days:

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

IX. DOCUMENTATION ENCLOSED

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

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 Hawaii Circuit Court if necessary.

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

HAWAII PROFESSIONAL MALPRACTICE PRACTICE NOTES

• Modified Comparative Fault (50% Bar): Plaintiff barred if fault is greater than combined negligence of defendants.

• No Certificate of Merit: Hawaii does not require a certificate of merit before filing.

• Dual Limitations Periods: Contract claims (6 years) vs. tort claims (2 years).

• Discovery Rule Applies: Limitations period runs from discovery of the injury.

• Design Professional Repose: 10-year statute of repose under HRS Section 657-8.

• Expert Testimony Required: Essential for establishing standard of care.

• Case Within a Case: In legal malpractice, must prove the underlying case would have been successful.

• Venue: First Circuit (Oahu), Second Circuit (Maui), Third Circuit (Hawaii Island), Fifth Circuit (Kauai).

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