Attorney Malpractice Claim in Underlying Criminal Case Need Not Show Defendant Would have Been Exonerated

New Jersey – Appellate Division. In Cortez v. Gindhart, No. A-0430-12T1 (App. Div. May 21, 2014) the Appellate Division rejected the traditional notion that in order to assert a legal malpractice claim in an underlying criminal case, the defendant must prove that he would have been exonerated but for the attorney’s negligence. Eduardo Cortez was represented by Joseph…

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