DEMAND FOR SETTLEMENT - PROFESSIONAL MALPRACTICE

STATE OF LOUISIANA

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

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. LOUISIANA-SPECIFIC LEGAL FRAMEWORK

A. Governing Law

This claim is governed by the Louisiana Civil Code, Louisiana Revised Statutes, and Louisiana jurisprudence. Louisiana is a civil law jurisdiction with unique legal principles.

B. Prescription (Statute of Limitations) and Peremption

General Delictual Actions: Under La. C.C. Art. 3492, delictual (tort) actions are subject to a liberative prescription of one (1) year from the day injury or damage is sustained.

Legal Malpractice - Peremption: Under La. R.S. 9:5605, actions for legal malpractice are subject to:
- One (1) year prescription from the date the alleged act, omission, or neglect is discovered or should have been discovered; AND
- Three (3) years peremption from the date of the alleged act, omission, or neglect (absolute bar that cannot be interrupted or suspended)

Discovery Rule: Louisiana applies the discovery rule. Prescription begins when the plaintiff has actual or constructive knowledge of the facts upon which the claim is based. Reeder v. North, 701 So. 2d 1291 (La. 1997).

Contra Non Valentem: Prescription may be suspended under the doctrine of contra non valentem when plaintiff is prevented from discovering the facts. Corsey v. State, 375 So. 2d 1319 (La. 1979).

Design Professionals - Peremption: Under La. R.S. 9:2772, claims against architects, engineers, and contractors are subject to 5 years peremption after substantial completion.

Relevant Dates in This Matter:
- Date(s) of negligent services: [Date(s)]
- Date of discovery: [Date]
- One-year prescription expires: [Date]
- Three-year peremption expires: [Date]

C. Comparative Fault

Louisiana follows pure comparative fault under La. C.C. Art. 2323. A plaintiff's recovery is reduced by the plaintiff's percentage of fault but is not barred regardless of the percentage.

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

D. Standard of Care Under Louisiana Law

Under Louisiana law, a professional must exercise the degree of care, skill, and diligence which is exercised by ordinarily competent practitioners in the same field.

Attorney Standard: An attorney must exercise at least that degree of care, skill, and diligence which is exercised by prudent practicing attorneys in the same locality. Jenkins v. St. Paul Fire & Marine Ins. Co., 422 So. 2d 1109 (La. 1982).

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. Tassin v. Slidell Mini-Storage, Inc., 396 So. 2d 1261 (La. 1981).

E. Expert Witness Requirements

Expert testimony is required to establish the standard of care and breach in professional malpractice cases. Jenkins v. St. Paul Fire & Marine Ins. Co., 422 So. 2d 1109 (La. 1982).

Exception: Expert testimony is not required where the professional's conduct is so obviously substandard that a layperson could recognize it.

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

Louisiana 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 Louisiana 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 diligence which is exercised by ordinarily competent practitioners in the same field.

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

Cause-in-Fact and Legal Cause: The malpractice must be both a cause-in-fact and legal (proximate) cause of plaintiff's damages. But for [Professional Name]'s breach, [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]. Jenkins v. St. Paul Fire & Marine Ins. Co., 422 So. 2d 1109 (La. 1982).

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 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 Louisiana District Court if necessary.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: As noted above

cc: [Client Name]
File

LOUISIANA PROFESSIONAL MALPRACTICE PRACTICE NOTES

• Civil Law Jurisdiction: Louisiana is unique as a civil law jurisdiction; terminology differs (prescription vs. statute of limitations, delict vs. tort).

• Pure Comparative Fault: Recovery reduced by plaintiff's percentage of fault but not barred.

• Short Prescription Period: Only ONE YEAR from discovery.

• Peremption for Legal Malpractice: Three-year absolute bar under La. R.S. 9:5605 that cannot be interrupted or suspended.

• Contra Non Valentem: May suspend prescription when plaintiff is prevented from discovering the claim.

• 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.

• Design Professional Peremption: 5 years under La. R.S. 9:2772.

• Venue: Proper in parish where defendant is domiciled or where the wrongful conduct occurred.

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