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What Is The Affidavit Of Merit In New Jersey Legal Malpractice

November 14, 2025

| Legal Malpractice

Learning your former lawyer may have mishandled your case can feel unsettling. You might feel frustrated or unsure about what steps to take. In New Jersey, an affidavit of merit often plays a key role in legal malpractice claims and knowing how it works could help you protect your options.

What is an affidavit of merit?

An affidavit of merit is a sworn statement prepared by another lawyer in the same field. You must file this document in New Jersey when you sue a licensed professional, including an attorney, for negligence or malpractice. The affidavit helps the court determine whether a claim appears to have a legitimate basis and reduces the chance of unnecessary proceedings.

The reviewing lawyer examines your situation and certifies under oath that there is a reasonable probability the original lawyer’s conduct fell below the professional standard of care. In this way, the affidavit shows that your claim rests on a credible professional assessment rather than speculation.

What is the deadline for filing an affidavit of merit?

Timing plays a significant role in legal malpractice claims. You generally must serve the affidavit of merit within 60 days after the defendant lawyer files an answer to your complaint. The court may allow one additional 60-day extension for good cause, giving roughly 120 days in total. Missing this deadline could make it harder to pursue your claim for compensation.

What happens if you miss the filing deadline?

New Jersey courts interpret the affidavit of merit requirement strictly. If you do not file on time, a judge may dismiss your case, often with prejudice, which typically prevents you from correcting the issue later or refiling. Because this procedural rule carries such weight, it underscores the importance of staying aware of deadlines and requirements throughout your case.

How can you pursue compensation for the harm you suffered?

Proving legal malpractice often means showing that you likely would have achieved a more favorable outcome in your original case if your lawyer had acted differently. This process, sometimes described as a “case within a case,” is one approach New Jersey courts recognize when determining whether negligence caused harm.

For instance, if your lawyer missed a critical filing deadline in a personal injury case, you may need to show that your underlying claim had merit and could have resulted in a financial award. Demonstrating this connection could form the basis for recovering losses related to your former lawyer’s conduct.

Facing potential legal malpractice can feel overwhelming, but understanding the rules and timelines that apply may give you a stronger sense of control. It may help to talk with a New Jersey malpractice attorney to explore your legal options. Staying informed and taking thoughtful, well-timed steps may help you safeguard your rights and move forward with confidence.