Legal Malpractice Form

LEGAL MALPRACTICE CLAIM AND SETTLEMENT NOTICE

This Legal Malpractice Claim and Settlement Notice (the "Notice") is made and entered into as of by and between Claimant Name: of Claimant Address: ("Claimant"), and Respondent Attorney/Firm Name: of Respondent Address: .

RECITALS

WHEREAS, Claimant retained Respondent to provide legal services in connection with the matter described below and paid fees or incurred costs in reliance on Respondent's professional services; and

WHEREAS, Claimant alleges that Respondent owed a professional duty, breached that duty through acts or omissions, and that such breach caused damages to Claimant; and

WHEREAS, the parties desire to set forth the Claimant's claims, the asserted damages, and procedures for investigation, settlement, or litigation as between them.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Notice, the following terms shall have the meanings set forth below. "Claim" means any allegation, demand, suit, cause of action, or proceeding asserted by Claimant against Respondent arising from or relating to the legal services described in Section 2. "Effective Date" means the date set forth above in the opening paragraph.

2. STATEMENT OF MATTER AND ALLEGATIONS

3. CLAIMS ASSERTED

Claimant identifies the following bases for the Claim (select all that apply and provide supporting facts above):

Negligence

Breach of Fiduciary Duty

Breach of Contract

Conflict of Interest

Other:

4. DAMAGES AND RELIEF SOUGHT

Claimant asserts the following categories of damages and quantifies each to the extent now known. These figures are exclusive of costs, interest, and attorneys' fees unless otherwise indicated.

5. STATUTE OF LIMITATIONS AND DATE OF ACCRUAL

Claimant asserts that the date on which the cause of action accrued or was discovered is: and the last date of representation relevant to this claim is: .

6. INSURANCE AND THIRD-PARTY INFORMATION

Respondent has malpractice insurance: Yes No

7. COVENANT TO COOPERATE

Each party agrees to cooperate in good faith with the investigation and resolution of the Claim. Cooperation includes, without limitation, producing documents reasonably requested, authorizing release of records to the extent permitted by law, and making witnesses reasonably available for interviews or depositions. Cooperation does not waive any privilege or work-product protection without express written waiver.

8. CONFIDENTIALITY; NO ADMISSION

All communications, disclosures, and settlement negotiations made under this Notice are confidential and inadmissible to prove liability in any proceeding to the fullest extent permitted by applicable law. Any settlement or payment made in connection with the Claim is not an admission of liability by Respondent.

9. REPRESENTATIONS AND WARRANTIES

Claimant represents that the facts stated in this Notice are true and accurate to the best of Claimant's knowledge, that Claimant has not previously released the Claim, and that Claimant has authority to pursue the Claim. Respondent represents that it will investigate the Claim and respond within a reasonable period as required by applicable professional standards and law.

10. NOTICES

All notices required or permitted under this Notice shall be in writing and shall be deemed given when delivered personally, sent by overnight courier, or mailed by certified mail, return receipt requested, to the addresses set forth below or to such other address as either party designates in writing.

11. GOVERNING LAW; VENUE; ATTORNEYS' FEES

This Notice shall be governed by and construed in accordance with the laws of the state selected by the parties: State of Jurisdiction: . Venue for disputes relating to this Notice shall be in the appropriate state or federal court located in that state. In the event of any action to enforce rights under this Notice, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs as allowed by law.

12. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENT; WAIVER

This Notice constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior communications and agreements. If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. No amendment or waiver of any provision of this Notice will be effective unless in writing and signed by both parties. Failure to enforce any right shall not constitute a waiver of that right.

13. COUNTERPARTS

This Notice may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall have the same force and effect as original signatures.

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