Criminal defendants, even those who were convicted and never exonerated, can sue their counsel for malpractice, an Appellate Division panel has ruled.

The fact that plaintiff Eduardo Cortez pleaded guilty to federal tax charges and admits his culpability did not bar him from bringing a malpractice claim against his defense attorney, Joseph Gindhart, for not getting him a better plea deal, the court said in Cortez v. Gindhart, decided on May 21.