What is the test for ineffective assistance in a personal injury case?
California, United States of America
The following excerpt is from People v. Magana, F060262, Super. Ct. No. 1401824 (Cal. App. 2011):
"To prevail on a claim of ineffective assistance, a defendant must show both that counsel's performance was deficientit fell below an objective standard of reasonablenessand that defendant was thereby prejudiced. [Citation.] Such prejudice exists only if the record shows that but for counsel's defective performance there is a reasonable probability the result of the proceeding would have been different." (People v. Cash (2002) 28 Cal.4th 703, 734.)
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