It will come as no surprise to anyone who defends attorneys accused of malpractice that the Affidavit of Merit system is not working, at least as applied to the legal profession. In adopting the Affidavit of Merit Act, N.J.S.A. 2A:53A-26, et seq. (the “Act”), the legislature intended to weed out frivolous claims while permitting meritorious claims against professionals for malpractice or negligence to proceed. It did so by requiring early in a case that a plaintiff serve an affidavit by:

an appropriate licensed person that there is a reasonable probability that the care, skill or knowledge exercised … in the work that is the subject of the complaint, fell outside acceptable professional or occupational standards.

N.J.S.A. 2A:53A-7.

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