What is the test for ineffective counsel in a civil case?
California, United States of America
The following excerpt is from People v. Lemmon, C074689 (Cal. App. 2016):
For defendants to be successful in their claim of ineffective assistance, they would need to show that trial counsels' failure to move for mistrial was grounded in ignorance or misapplication of the law rather than tactical considerations, and that the motion bore a strong potential for success. (People v. Haskett, supra, 30 Cal.3d at pp 854-855.) Neither has been shown here.
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