Legal Definitions - certificate of merit

A certificate of merit is a formal document that a plaintiff's attorney must file with a lawsuit in certain types of cases, particularly those involving professional negligence. This certificate serves as a declaration by the attorney, confirming that they have consulted with at least one qualified expert in the relevant field. Based on that expert's professional opinion, the attorney concludes that the lawsuit has a legitimate basis and is not a frivolous or baseless claim.

The primary purpose of requiring a certificate of merit is to ensure that lawsuits, especially those challenging complex professional standards, are not initiated without a credible foundation. This helps to prevent unnecessary litigation and allows courts to dismiss unmeritorious claims early in the legal process. If a state law mandates a certificate of merit for a specific type of case and it is not filed, the court may dismiss the lawsuit.

• Example 1: Medical Malpractice Claim

  Imagine a patient believes a surgeon made a critical error during an operation, leading to further complications. Before filing a lawsuit against the surgeon, the patient's attorney would be required in many states to obtain a certificate of merit. This means the attorney would consult with another qualified surgeon or medical expert to review the case details. If that expert concludes that the original surgeon's actions fell below the accepted standard of care, the attorney would then file the certificate alongside the complaint, affirming their belief in the case's validity based on expert consultation. This process helps ensure that medical malpractice lawsuits are supported by professional medical opinion, not just a patient's dissatisfaction.

• Example 2: Architectural Negligence Lawsuit

  Consider a situation where a new commercial building develops severe structural issues shortly after completion, and the owners suspect faulty design by the architect. To pursue a lawsuit for professional negligence against the architect, the building owners' attorney would likely need to file a certificate of merit. This would involve hiring an independent structural engineer or another experienced architect to review the original design plans and construction documents. If this expert concludes that the original architect's design was indeed negligent and contributed to the structural problems, the attorney would then submit the certificate with the lawsuit. This demonstrates to the court that the claim of architectural malpractice is substantiated by an expert in the field.

• Example 3: Accounting Malpractice Case

  Suppose a small business suffers significant financial losses due to what it believes was negligent tax advice provided by its accountant. Before filing a lawsuit against the accounting firm, the business's legal counsel would typically be required to obtain a certificate of merit. This would involve engaging a forensic accountant or another experienced tax professional to examine the advice given, the relevant tax laws, and the financial impact on the business. If the expert accountant determines that the original accountant's advice deviated from professional standards and directly caused the losses, the attorney would then file the certificate. This ensures that the claim of professional negligence against the accountant is supported by a credible expert opinion.