Re: The counsel of the defendant has proved ineffective in defending the client (Posted on: 2017-05-07 12:16:53)
Ineffective assistance on counsel is a claim raised by a convicted criminal defendant for the plaintiff whereas the innocent plaintiffs attorney\'s performance was so ineffective that it deprived the plaintiff of the constitutional right guaranteed by the Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution. Having the benefit of counsel or assistance of counsel means that the criminal defendant has had a competent attorney representing them. Competence is defined as reasonable professional assistance and is defined in part by prevailing professional norms and standards. To prove they 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