What is the test for a plaintiff to claim damages for deficient performance by counsel in a personal injury case?
California, United States of America
The following excerpt is from People v. McInnis, C086425 (Cal. App. 2019):
To establish his claim, defendant must show that counsel's performance was "deficient, in that it fell below an objective standard of reasonableness under prevailing professional norms." (People v. Mai (2013) 57 Cal.4th 986, 1009.) He must also show "resulting prejudice, i.e., a reasonable probability that, but for counsel's deficient performance, the outcome of the proceeding would have been different." (Ibid.)
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