DEMAND FOR SETTLEMENT - PROFESSIONAL MALPRACTICE

STATE OF MARYLAND

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

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. MARYLAND-SPECIFIC LEGAL FRAMEWORK

A. Governing Law

This claim is governed by Maryland common law principles of professional negligence and the Maryland Code.

B. Statute of Limitations

General Limitations: Under Md. Code, Cts. & Jud. Proc. Section 5-101, a civil action at law must be filed within three (3) years from the date it accrues.

Discovery Rule: Maryland applies the discovery rule. The cause of action accrues when the plaintiff knew or reasonably should have known of the injury. Poffenberger v. Risser, 290 Md. 631 (1981).

Continuous Representation: The statute may be tolled during continuing representation of the client on the same matter. Sard v. Hardy, 281 Md. 432 (1977).

Design Professionals - Statute of Repose: Under Md. Code, Cts. & Jud. Proc. Section 5-108, claims against architects and engineers for defective design or construction must be brought within 20 years after substantial completion.

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

C. Contributory Negligence - CRITICAL

Maryland is one of only four U.S. jurisdictions that still follows the doctrine of pure contributory negligence. Under this doctrine, if the plaintiff is found to have contributed to their injury in any degree, they are completely barred from recovery. Harrison v. Montgomery County Bd. of Educ., 295 Md. 442 (1983).

Our investigation has determined that our client was in no way negligent or contributorily at fault for the damages sustained.

D. Standard of Care Under Maryland Law

Under Maryland law, a professional must exercise that degree of care and skill which is expected of a reasonably competent practitioner in the same field in the same or similar community.

Attorney Standard: An attorney must exercise the care and skill of a reasonably prudent attorney in the same or similar community. Flaherty v. Weinberg, 303 Md. 116 (1985).

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 the community.

E. Certificate of Merit - Legal Malpractice

Under Md. Rule 3-202.1, a claim for legal malpractice must be accompanied by:
1. A certificate signed by the plaintiff's attorney certifying consultation with a qualified expert; and
2. A report from the expert attesting to a departure from the standard of care and a causal relationship between the departure and the alleged injury.

Timing: Must be filed with the complaint. Failure to file may result in dismissal.

F. Expert Witness Requirements

Expert testimony is required to establish the standard of care and breach in professional malpractice cases. Flaherty v. Weinberg, 303 Md. 116 (1985).

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

Certification: We have retained a qualified expert who has reviewed the relevant materials and is prepared to provide the required certificate of merit.

G. Damage Caps

Non-Economic Damages: Maryland imposes caps on non-economic damages in personal injury cases (currently over $900,000 with annual adjustments), but these primarily apply to personal injury and wrongful death claims, 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 Maryland 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 and skill which is expected of a reasonably competent practitioner 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

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]. Flaherty v. Weinberg, 303 Md. 116 (1985).

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. Eastern 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. Maryland's contributory negligence doctrine does not apply because our client had no role in causing or contributing to the malpractice.

We are prepared to litigate this matter through trial in the Maryland Circuit Court if necessary.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: As noted above

cc: [Client Name]
File

MARYLAND PROFESSIONAL MALPRACTICE PRACTICE NOTES

• Contributory Negligence: Maryland follows pure contributory negligence - ANY client fault bars recovery entirely. This is a critical defense issue.

• Certificate of Merit for Legal Malpractice: Md. Rule 3-202.1 requires an expert certificate and report with the complaint.

• Three-Year Limitations Period: Under Md. Code, Cts. & Jud. Proc. Section 5-101.

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

• Continuous Representation Tolling: Statute may be tolled during ongoing representation.

• Design Professional Repose: 20-year statute of repose under Section 5-108.

• 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.

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

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