What is the standard of conduct of a criminal defense attorney in the context of an after-the-fact assessment?

California, United States of America


The following excerpt is from In re Shellock, H034283 (Cal. App. 2011):

after-the-fact assessment will run counter to the deference that must be accorded counsel's judgment and perspective when the plea was negotiated, offered, and entered." (Premo v. Moore, supra,_U.S._[131 S.Ct. at pp. 741-742].)

"Counsel's first duty is to investigate the facts of his client's case and to research the law applicable to those facts. 'Generally, the Sixth Amendment and article I, section 15 require counsel's "diligence and active participation in the full and effective preparation of his client's case." [Citation.] Criminal defense attorneys have a " 'duty to investigate carefully all defenses of fact and of law that may be available to the defendant . . . .' " ' [Citation.] The client's initial insistence on one defense and opposition to all others does not 'excuse counsel from undertaking sufficient investigation of possible defenses to enable counsel to present an informed report and recommendation to his client.' " (People v. Ledesma, supra, 43 Cal.3d 171, 222.)

Other Questions


When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
What is the substantial evidence standard used to determine whether there was a single criminal act or course of conduct with single criminal objective? (California, United States of America)
What standard of conduct will qualify as harmless where the facts support the standard standard? (California, United States of America)
What is the standard of conduct of an attorney in the context of a divorce proceeding? (California, United States of America)
Does the Attorney General have any concerns that the trial court did not apply the correct standard of conduct in the context of Section 47 of the California Civil Code? (California, United States of America)
What is the standard of care for a reasonably competent, experienced criminal defense attorney to make a decision on whether to object to evidence? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Does section 653.22 of the Louisiana Code of Civil Procedure (b) criminalize the conduct listed in its subdivision (b), and hence criminalizes a substantial amount of constitutionally protected conduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.