What is the test for a plaintiff to bring a claim of ineffective counsel?
California, United States of America
The following excerpt is from People v. Warren, B253552 (Cal. App. 2015):
Defendant's claim of constitutionally ineffective counsel is thus subject to the traditional test, in which "defendant has the burden of proving that counsel's representation fell below an objective standard of reasonableness under prevailing professional norms, and that there is a reasonable probability that, but for counsel's
Page 41
unprofessional errors, the result would have been different. [Citations.]" (People v. Kelly (1992) 1 Cal.4th 495, 519-520.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.
Other Questions
Can a defendant bring a claim for ineffective assistance of counsel against counsel who failed to follow up with follow-up questions? (California, United States of America)
Can a defendant bring a claim for ineffective assistance of counsel against a prosecutor who made inappropriate remarks to a plaintiff in a criminal case? (California, United States of America)
Is a defendant's claim that his trial counsel's failure to object or request a limiting instruction was ineffective assistance of counsel? (California, United States of America)
Can Aviles bring an incompetent counsel claim for damages arising from counsel's failure to convey the applicable legal principles to Aviles? (California, United States of America)
Is a defendant's claim that his trial counsel was constitutionally ineffective for choosing not to bring a Miranda-based suppression motion? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
How have courts treated the issue of ineffective assistance claims in the context of an ineffective assistance claim? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
Can a defendant bring an ineffective assistance of counsel claim? (California, United States of America)
