Ineffective Assistance of Counsel: Legal Malpractice reaches the High Court
Padilla v. Kentucky, Argued before the US Supreme Court Oct. 13, 2009 (PDF)
Does a lawyer's wrong advice to a client, a permanent resident alien, to plead guilty to a criminal charge that results in his deportation, amount to ineffective assistance of counsel?
The High Court heard oral argument today. Stay tuned. Read the argument of the parties and the grilling of the Justices.
Smith v. Spisak. Argued before the US Supreme Court on Oct. 13, 2009 (PDF)
How bad does defense counsel's summation have to be before it amounts to ineffective assistance of counsel? The High Court heard oral argument today on this too.
I think the standard necessary for an ineffective assistance of counsel claim should be proportionate to the potential harm suffered by a defendant. lawyers who represent defendants who faces deportation or even death, should be held to a higher standard, because the consequences of their actions are potentially greater.
While I understand Ms. Goldberg's point, I disagree. I believe that an attorney should be held to a higher ethical and professional standard to begin with. I think saying that an attorney who is working on a case which has deportation or the death penalty as a consequence must be held to a higher standard, is in effect saying that one who is working on a case which has life in prison as a consequence is held to a lower standard, and I do not think that is proper.
I agree with Ms. Kritikos. Weighing an attorney's standard of harm in light of the potential harm suffered would is troubling, especially in a criminal setting. Lets not forget that in many criminal cases a persons liberty is at stake, therefore how are we going to draw the line? How much prison time does a person need to face before the standard of care increase?