In order to file a lawsuit against a lawyer and certain other professionals in New Jersey, a claimant must produce an Affidavit of Merit from an expert qualified in the area of practice subject of the lawsuit. In the affidavit, the expert must confirm that there is a legitimate claim against the professional.  The function of the Affidavit of Merit Statute is to weed out frivolous lawsuits against professionals. 

In a recent case filed in the United States District Court of New Jersey, the court concluded that an Affidavit of Merit could be authored by a lawyer that was not licensed to practice in the state of New Jersey, even though the claim subject of the case related to a New Jersey divorce.  In that case, the claimant complained that his lawyer failed to provide him with appropriate advice in settling his case, in that,  he was deprived of a large share of the marital home and received only limited access to his children.


The affidavit that confirmed the merit of the claim was signed by a lawyer from Pennsylvania.
           
In rendering its decision, the court observed that a section of the Affidavit of Merit statute says that except in medical cases, “the person executing the Affidavit shall be licensed in this or any other state.”