What is the test for ineffective counsel in a civil case?

As we have already noted, defense counsel did not object to any of these alleged instances of misconduct, and defendant has raised ineffective assistance as an alternate claim. "Failure to object rarely constitutes constitutionally ineffective legal representation [citation] ...." (People v. Boyette (2002) 29 Cal.4th 381, 424.) Moreover, "[i]f the record on appeal fails to show why counsel acted or failed to act in the instance asserted to be ineffective, unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation, the claim must be rejected on appeal. [Citation.]" (People v. Kraft (2000) 23 Cal.4th 978, 1068-1069.) Counsel may have decided not to object for the logical reason presented by the entirety of

Page 45