Ineffective assistance of counsel is a claim under the Six amendment to the US Constitution. A defendant charged with a crime can claim ineffective assistance of counsel when he or she believes their attorney did not represent him or her competently enough to satisfy the defendant’s constitutional rights to a fair trial. To prevail on a claim of ineffective assistance of counsel (as to statewide and jurisdictions within California, including Los Angeles), the defendant must overcome two barriers both of which can be derived from the decision of Strickland v. Washington, 466 U.S. 668 (1984):

1. Deficient Performance: The defendant must show that his or her attorney’s performance was “deficient,” meaning that the attorney’s performance did not meet the level of reasonable competence normally expected of attorneys. Deficient performance simply means that the attorney was so incompetent, neither the officer of the court nor the jurors believed the attorney to be competent. Deficient performance could include not verifying or investigating the case, not introducing the evidence that was essential to the case, not meeting deadlines when court deadlines applied, not cross-examining important witnesses, or giving bad legal advice to the client. The courts will look at the totality of the circumstances and consider the reasonableness of the attorney’s performance concerning the difficulties within the case and to the time and resources available during the performance of the attorney’s representation.

2. Prejudice: If it is established that the attorney’s performance was deficient, the defendant must also demonstrate that the deficient performance resulted in “prejudice.” In other words, the defendant must demonstrate that there is a probability that if the attorney had performed effectively, the outcome of the trial would have been different. That is not to say that the defendant must show that he or she would have likely won the case, but instead, the deficient performance must call into question whether the trial’s result was reliable.

If a defendant proves ineffective assistance of counsel, the typical remedy could be a new trial or, in some cases, a re-sentencing. This is because the defendant’s constitutional rights were violated by inadequate representation.

In California, this claim would be raised through a post-conviction motion or, in some cases, an appeal.