Does an attorney have a duty to research the law, investigate the facts and file a pretrial motion?
California, United States of America
The following excerpt is from People v. Reese, F072832 (Cal. App. 2019):
Regarding a pretrial motion, an attorney has a duty to research the law, investigate the facts, and file a meritorious motion in circumstances where a diligent and conscientious advocate would do so. (People v. Gonzalez (1998) 64 Cal.App.4th 432, 437.) To establish prejudice, however, a defendant must show that such a motion would have been successful. (Id. at p. 438.)
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