Legal malpractice claims are serious allegations that arise when an attorney fails to perform their professional duties to the accepted standard of care, resulting in financial harm or other losses to their client. In New Jersey, pursuing a legal malpractice lawsuit involves more than simply proving attorney negligence or professional misconduct. Plaintiffs must also meet a critical procedural requirement: filing an Affidavit of Merit.
A legal malpractice claim alleges that an attorney failed to act competently or responsibly when handling a client’s legal matter—whether through providing incorrect legal advice, missing critical filing deadlines, or failing to follow proper court procedures. In New Jersey, these claims are governed by the Professional Malpractice Statute, N.J.S.A. 2A:53A-27.
Under N.J.S.A. 2A:53A-27, anyone filing a professional negligence claim, including legal malpractice, must serve an Affidavit of Merit on both the defendant attorney and the court.
An Affidavit of Merit is a sworn statement from a licensed attorney who practices in the same field of law as the underlying case. This attorney must confirm that:
For example, if the alleged malpractice involves a real estate closing, the Affidavit must come from a lawyer experienced in New Jersey real estate law.
When Must an Affidavit of Merit Be Filed?
Timing is critical in New Jersey legal malpractice cases. Plaintiffs must serve the AOM within 60 days after the defendant files an answer to the complaint. Courts may grant one 60-day extension for good cause—giving a maximum of 120 days total.
Failure to file within this timeframe is almost always fatal to the claim. New Jersey courts will dismiss the malpractice lawsuit with prejudice, meaning the plaintiff can never refile the claim.
Why the Affidavit of Merit Requirement Matters
The AOM serves as a gatekeeping tool to prevent frivolous lawsuits and ensure that only claims with legitimate merit move forward. This protects licensed professionals, including attorneys, from unfounded litigation while giving plaintiffs with valid claims the opportunity to pursue justice.
What Happens If You Fail to File an AOM?
If the Affidavit of Merit is not filed within the statutory deadline, New Jersey courts must dismiss the legal malpractice complaint with prejudice. This is a strict procedural rule with very limited exceptions, underscoring the importance of working with an experienced New Jersey legal malpractice lawyer who understands these requirements.
Consult a Skilled New Jersey Legal Malpractice Attorney
Legal malpractice claims in New Jersey are highly complex and procedurally demanding. At Simon Law Group, LLC, our seasoned legal malpractice attorneys will evaluate your case, involve the right legal professionals with the necessary background, and guide you through every stage of the litigation process.
If you believe your former attorney mishandled your case, don’t wait—strict deadlines apply. Contact our office today to schedule a confidential consultation.
📞 Call Simon Law Group, LLC at 800-709-1131 or text us at 908-864-4450
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