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
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unprofessional errors, the result would have been different. [Citations.]" (People v. Kelly (1992) 1 Cal.4th 495, 519-520.)
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