Ineffective Assistance of Counsel

Ineffective assistance of counsel is a legal standard arising under the Sixth Amendment to the United States Constitution, which guarantees every criminal defendant the right to effective legal representation. A claim of ineffective assistance asserts that an attorney's performance was so deficient that it violated the defendant’s constitutional right to a fair trial. The U.S. Supreme Court established the prevailing standard for such claims in Strickland v. Washington, 466 U.S. 668 (1984), which requires a defendant to demonstrate two elements: first, that counsel’s performance fell below an objective standard of reasonableness under prevailing professional norms; and second, that the deficient performance prejudiced the defense, meaning there is a reasonable probability that, but for counsel’s errors, the outcome of the proceeding would have been different. The Court has emphasized that this is a high bar, and not every mistake or unfavorable outcome rises to the level of constitutional violation. Nonetheless, ineffective assistance encompasses serious errors such as failing to investigate key evidence, mishandling plea negotiations, not raising valid objections, or otherwise failing to serve as a meaningful advocate for the client. When proven, a finding of ineffective assistance can result in the reversal of a conviction or the granting of a new trial.