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Definition
Affidavit of Merit
- an affidavit by a qualified expert stating that a claimant alleges a viable malpractice claim against a professional, such as a doctor, lawyer, psychologist.
Application in Divorce
If a
party
in a divorce desires to
file
a malpractice
suit
against his or her lawyer, he or she would hire an expert to analyze the practices of the lawyer and if the cause was legitimate, the expert would draft an
Affidavit
of Merit which states any wrong-doing of the lawyer. The
Affidavit
of Merit would be presented the court to substantiate the claims set forth.
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Suing a Divorce Lawyer
Know what you are up against before taking on this task. Claiming malpractice against a lawyer should not be justified by a bad outcome in a divorce case. If you feel that it is justifiable, you should proceed, but if your outcome is not favorable, you should expect a countersuit.
Contributed on 4/5/2007 by: DivorceDex.com Staff
Category:
Attorney-Client Relationship
(Applicable in All States)
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