The legal term “ineffective assistance of counsel” refers to a situation in which a defendant’s lawyer fails to provide adequate representation. This can be due to the lawyer’s lack of skill, knowledge or experience, or because the lawyer did not give sufficient attention to the case.
When a defendant feels his or her lawyer has not provided adequate legal counsel it can be grounds to appeal a criminal conviction. A defendant who believes his or her lawyer provided ineffective assistance of counsel can file a claim in court asserting that he or she did not receive a fair trial.
How Has Ineffective Assistance of Counsel Changed in the Modern Era?
Due to the proliferation of media outlets, including television, radio, the internet and social media, the notion of ineffective assistance of counsel has evolved in recent years. A defendant or potential defendant now has access to an array of legal advice online that was once limited to local attorneys. Today defendants can find out more information more quickly, so their responsibility for researching lawyers and being an informed consumer of legal services has increased.
In addition, defendants now have more access to resources that can help them understand their rights and the legal system so that they can hold their lawyers to a higher standard than ever before. While incompetent counsel still exists, a defendant can exercise greater control over the outcome of a criminal trial with the right knowledge.
What Happens if an Attorney is Found to Have Provided Ineffective Assistance of Counsel?
If a court finds an attorney provided ineffective assistance of counsel, the defendant can be granted a new trial or sentence. Depending on the circumstances of the case, a variety of remedies can be imposed, including the awarding of damages to the defendant, disciplinary action against the attorney, or public censure of the attorney’s conduct.
In any case, it is important for both defendants and their counsel to make sure that the legal representation provided is up to a high standard. Ultimately, it is the defendant’s responsibility to make sure the lawyer he or she has hired is doing the best possible job in defending their rights in court.