DEMAND FOR SETTLEMENT - PROFESSIONAL MALPRACTICE

STATE OF KANSAS

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

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. KANSAS-SPECIFIC LEGAL FRAMEWORK

A. Governing Law

This claim is governed by Kansas common law principles of professional negligence and the Kansas Statutes Annotated (K.S.A.).

B. Statute of Limitations

Professional Malpractice: Under K.S.A. Section 60-513(a)(7), an action for malpractice must be brought within two (2) years from the date the cause of action accrues.

Discovery Rule: Kansas applies the discovery rule. The cause of action accrues when the plaintiff reasonably could have discovered that the injury was caused by the defendant's malpractice. Roe v. Diefendorf, 236 Kan. 218 (1984).

Design Professionals - Statute of Repose: Under K.S.A. Section 60-513(b), claims against architects, engineers, and contractors must be brought within 10 years after substantial completion.

Continuous Representation: The statute may be tolled during continuing professional representation.

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

Kansas follows modified comparative fault (49% bar) under K.S.A. Section 60-258a. A plaintiff is barred from recovery if the plaintiff's fault is equal to or greater than 50% of the total fault. If less than 50%, 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 Kansas Law

Under Kansas law, a professional must exercise that degree of care, knowledge, and skill ordinarily possessed and exercised by members of the profession in good standing in similar circumstances.

Attorney Standard: An attorney must exercise the degree of care, knowledge, and skill ordinarily exercised by a reasonably competent member of the bar. Bowman v. Doherty, 235 Kan. 870 (1984).

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

Architect/Engineer Standard: Design professionals must exercise the degree of care and skill ordinarily exercised by members of their profession in similar circumstances. Christes v. Outdoor Living, Inc., 31 Kan. App. 2d 97 (2002).

E. 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. Bowman v. Doherty, 235 Kan. 870 (1984).

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

Non-Economic Damages: Under K.S.A. Section 60-19a02, non-economic damages in personal injury actions are subject to caps (currently $325,000 with annual adjustments). This primarily applies to personal injury cases, not typical professional malpractice economic losses.

No Cap on Economic Damages: There is no cap on economic/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 Kansas 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, knowledge, and skill ordinarily possessed by members of the profession 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]. Bowman v. Doherty, 235 Kan. 870 (1984).

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 Kansas District Court if necessary.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Kansas Supreme Court No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

KANSAS PROFESSIONAL MALPRACTICE PRACTICE NOTES

• Modified Comparative Fault (49% Bar): Plaintiff barred if fault equals or exceeds 50%.

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

• Two-Year Limitations Period: Under K.S.A. Section 60-513(a)(7).

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

• Design Professional Repose: 10-year statute of repose under K.S.A. Section 60-513(b).

• 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.

• Non-Economic Damage Caps: Apply primarily to personal injury claims.

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

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