Affidavits of Merit: Should They Be a Waste of Time?

Michael Furey authored an article, “Affidavits of Merit: Should They Be a Waste of Time?, published by the New Jersey Law Journal. In his piece, Furey discusses the Affidavit of Merit (AOM) system as it applies to attorneys facing malpractice claims. He uses case law to illustrate why New Jersey courts should reevaluate the AOM Act, which is intended to weed out frivolous claims while permitting meritorious claims against professionals for malpractice or negligence to proceed. Furey writes, “The trial courts need guidance on what should be set forth in the AOM to weed out frivolous claims. It should not be sufficient that an attorney is willing to sign an affidavit reciting only the conclusion that there is a reasonable probability malpractice has occurred.