DEMAND FOR SETTLEMENT - PROFESSIONAL MALPRACTICE

STATE OF ILLINOIS

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

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. ILLINOIS-SPECIFIC LEGAL FRAMEWORK

A. Governing Law

This claim is governed by Illinois common law principles of professional negligence and the Illinois Compiled Statutes.

B. Statute of Limitations

Legal Malpractice: Under 735 ILCS 5/13-214.3, an action for legal malpractice must be commenced within two (2) years from the time the person knew or reasonably should have known of the injury for which damages are sought.

Accountant Malpractice: Under 735 ILCS 5/13-214.2, an action against a public accountant must be brought within two (2) years from the time the person knew or reasonably should have known of the act or omission.

General Professional Malpractice: Most professional malpractice claims must be brought within two (2) years of discovery.

Discovery Rule: Illinois applies the discovery rule. The limitations period begins when the plaintiff knows or reasonably should know of the injury and that it was wrongfully caused. Hermitage Corp. v. Contractors Adjustment Co., 166 Ill. 2d 72 (1995).

Design Professionals - Statute of Repose: Under 735 ILCS 5/13-214, claims against architects, engineers, and land surveyors must be brought within 4 years after the act or omission (with a 10-year repose from substantial completion for construction).

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

C. Comparative Fault

Illinois follows modified comparative fault (50% bar) under 735 ILCS 5/2-1116. A plaintiff is barred from recovery if the plaintiff's fault is more than 50% of the proximate cause of the injury.

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

D. Standard of Care Under Illinois Law

Under Illinois law, a professional must exercise that degree of knowledge, skill, and ability which is ordinarily possessed and exercised by members of the profession in good standing.

Attorney Standard: An attorney must exercise the knowledge, skill, and ability ordinarily possessed and exercised by members of the legal profession in good standing. Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd., 216 Ill. 2d 294 (2005).

Accountant Standard: An accountant must exercise the degree of skill and care that a reasonably competent CPA would exercise under similar circumstances. Chestnut Corp. v. Pestine, Brinati, Gamer, Ltd., 281 Ill. App. 3d 719 (1996).

Architect/Engineer Standard: Design professionals must exercise the degree of care and skill ordinarily possessed by well-qualified professionals in the same field. Illinois State Bar Ass'n Mutual Ins. Co. v. Cavenagh, 35 Ill. App. 3d 1040 (1976).

E. Certificate of Merit

While 735 ILCS 5/2-622 specifically applies to healing arts malpractice, Illinois courts have applied similar expert requirements to legal malpractice claims. An expert affidavit may be required to avoid dismissal.

F. Expert Witness Requirements

Expert testimony is required to establish the standard of care and breach in professional malpractice cases unless the negligence is obvious to a layperson. Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd., 216 Ill. 2d 294 (2005).

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

G. Damage Caps

Illinois 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 Illinois 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 knowledge, skill, and ability which is ordinarily possessed and exercised by professionals in good standing.

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]. Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd., 216 Ill. 2d 294 (2005).

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. Central 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 Illinois Circuit Court if necessary.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Illinois ARDC No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

ILLINOIS PROFESSIONAL MALPRACTICE PRACTICE NOTES

• Modified Comparative Fault (50% Bar): Plaintiff barred if fault exceeds 50%.

• Two-Year Limitations Period: From discovery under 735 ILCS 5/13-214.3 (legal) and 5/13-214.2 (accounting).

• Discovery Rule Applies: Limitations period runs from knowledge of injury and wrongful cause.

• Design Professional Repose: 4 years from act/omission; 10 years from substantial completion.

• 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 and collectible.

• Privity May Be Required: For some professional malpractice claims, privity of contract is required.

• Venue: Proper in county where defendant resides or where cause of action arose.

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