How is a malpractice case started in court?
The lawyer signing the lawsuit papers, called the Writ of Summons and Complaint, must attach a good faith certificate attesting that the lawyer possesses a good faith belief that there is probable cause to believe the claim has merit. The Complaint sets forth the factual claims and allegations of malpractice. The good faith certificate requires that the lawyer must have a report signed by an appropriately credentialed expert evaluator that not only sets forth a reasonable basis for the belief that there has been malpractice, but also gives a detailed basis for that belief. An unsigned copy of that report must be attached to the lawsuit papers. In the event an attorney attempts to commence a malpractice case without the requisite evaluation and report, that lawyer is subject to disciplinary action by the court. A lawsuit that is commenced without the requisite good faith certificate and accompanying report is subject to dismissal. Some states require that malpractice claims must first b
