Some of the claimed areas of incompetence of counsel are: a. she did not understand R. v. W.D. and how it applied; b. she conducted no research into the offense; c. she developed a theory of the case that was bound to fail; d. this was her first trial; e. she did not understand the law of evidence; f. she did not disclose her inexperience and obtain instructions to proceed; g. she did not follow clients instructions to obtain a surveillance video; h. she did not apply for a directed verdict which “surely would have been a successful directed verdict.”; i. she gave bad advice; j. she did not reduced to writing her advice to the client and the client’s instructions concerning his testifying; k. she was incompetent in her cross examination; l. she did not lay the proper foundation for a challenge based on Browne v. Dunne; m. she disclosed privileged communications; and, n. she made submissions for which she had called no evidence.
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