New Jersey Senate Bill S516

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Requires plaintiff to obtain affidavit of merit in malpractice suit against enrolled agent.

Impact

The introduction of this bill would significantly change the landscape for malpractice lawsuits involving enrolled agents. With the stipulation to provide an affidavit of merit, the intention is to deter frivolous lawsuits by requiring that the claims brought against these agents be backed by an assessment from another qualified professional in the field. This could potentially lead to fewer unfounded claims against enrolled agents, allowing them to perform their duties with less fear of legal retribution for issues deemed outside their professional scope.

Summary

Senate Bill 516 aims to amend existing New Jersey law by requiring plaintiffs to obtain an affidavit of merit when filing malpractice lawsuits against enrolled agents. Enrolled agents are recognized as professionals authorized by the IRS to represent taxpayers before the agency, and the bill seeks to enhance the legal protection for these professionals by ensuring that complaints are validated by an independent professional evaluation of their conduct. Currently, several professions, including lawyers and healthcare providers, already enjoy this protection under New Jersey law, which the bill seeks to extend.

Contention

Notable points of contention surrounding SB 516 may include discussions about access to legal recourse for clients who believe they have been wronged by an enrolled agent. Critics might argue that adding this requirement could shield negligent behavior and make it more cumbersome for legitimate claims to proceed. Supporters may argue that this measure is essential to maintain professional integrity and safeguard enrolled agents from baseless accusations that could damage their careers and reputations.