Ineffective assistance of counsel
Encyclopedia
Ineffective assistance of counsel is an issue raised in legal malpractice
suits and in appeals in criminal cases where a criminal defendant
asserts that their criminal conviction occurred because their attorney
failed to properly defend the case. Having the benefit of counsel or assistance of counsel means that the criminal defendant has had a competent attorney representing him or her. Competence is defined as reasonable professional assistance and is defined in part by prevailing professional norms and standards. In order to prevail on a claim that he received ineffective assistance, a criminal defendant must show two things:
In Strickland v. Washington
(1984), the United States Supreme Court established that failure to inform a defendant of the direct consequences of a sentence qualifies as ineffective assistance of counsel, but failure to inform of collateral consequences of criminal charges
does not. The Court carved out an exception for deportation in Padilla v. Kentucky
(2010), reversing a conviction where a noncitizen was wrongly advised that pleading guilty would not have negative immigration consequences.
Ineffective assistance of counsel may also be a ground for voiding a waiver of the right to appeal that a defendant may have signed as part of her agreement to plead guilty.
Legal malpractice
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client...
suits and in appeals in criminal cases where a criminal defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
asserts that their criminal conviction occurred because their attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
failed to properly defend the case. Having the benefit of counsel or assistance of counsel means that the criminal defendant has had a competent attorney representing him or her. Competence is defined as reasonable professional assistance and is defined in part by prevailing professional norms and standards. In order to prevail on a claim that he received ineffective assistance, a criminal defendant must show two things:
- Deficient performance by counsel.
- Resulting prejudice, in that but for the deficient performance, the result of the proceeding would have differed.
In Strickland v. Washington
Strickland v. Washington
In Strickland v. Washington, , the United States Supreme Court established a two-part test for establishing a claim of ineffective assistance of counsel...
(1984), the United States Supreme Court established that failure to inform a defendant of the direct consequences of a sentence qualifies as ineffective assistance of counsel, but failure to inform of collateral consequences of criminal charges
Collateral consequences of criminal charges
Collateral consequences of criminal conviction, commonly referred to as the "Four C's" are the additional civil state penalties, mandated by statute, that attach to criminal convictions. They are not part of the direct consequences of criminal conviction, such as incarceration, fines, and/or...
does not. The Court carved out an exception for deportation in Padilla v. Kentucky
Padilla v. Kentucky
Padilla v. Kentucky, 130 S. Ct. 1473 , is a case in which the United States Supreme Court decided that criminal defense attorneys must advise non-citizen clients about the deportation risks of a guilty plea...
(2010), reversing a conviction where a noncitizen was wrongly advised that pleading guilty would not have negative immigration consequences.
Ineffective assistance of counsel may also be a ground for voiding a waiver of the right to appeal that a defendant may have signed as part of her agreement to plead guilty.