What is the test for a defense counsel to be found guilty of misconduct in a civil case?
California, United States of America
The following excerpt is from People v. Cooks (In re Cooks), B231757, B237938 (Cal. App. 2012):
Defendant must establish that no reasonably competent attorney would have done what defense counsel did and that he was prejudiced by defense counsel's conduct, i.e., that it is reasonably probable a more favorable determination would
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have resulted in the absence of counsel's failings. (People v. Lucas (1995) 12 Cal.4th 415, 436.)
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