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What is ineffective counsel, and what are some examples?

On Behalf of | Aug 4, 2021 | Criminal Defense |

Anyone who uses the legal system is entitled to fair, honest, and effective legal counsel. If you are in the legal system and believe that you were denied this for any reason you may be entitled to an appeal and new trial. However, you should fully understand what exactly makes for ‘ineffective’ legal counsel and what the laws say about this process, as every state, including Georgia, has different laws.

What is ineffective counsel?

When it comes to the criminal process/appeals, ineffective assistance of counsel means that an individual has not been represented in accordance with the laws and ethics of a jurisdiction. This means that an individual has been denied their right to a fair trial as a result of ineffective counsel.

Keep in mind that you can have the best attorney in the world and still lose a case. You can also have the worst attorney but still, win. Outcomes themselves are not indicative of bad counsel, but actions are. These actions must be both unreasonable and prejudice a jury or judge against the defendant.

Fortunately, cases like these may be appealed. Indeed, ineffective assistance of counsel can lead to a new trial and a guilty verdict being vacated.

What are some examples of ineffective counsel?

A range of possible actions can constitute ineffective assistance of counsel, including:

• Failure to prepare or investigate a case on the client’s behalf.
• Missing filing deadlines.
• Failure to object to certain conduct during the trial.

If you believe that your legal counsel has failed to give you the help you deserve, you should contact a lawyer immediately, as you may be entitled to a retrial.