Legal Definitions - ineffective assistance of counsel

Definition: Ineffective assistance of counsel refers to a situation where a defendant's lawyer did not provide adequate legal representation, which resulted in an unfair trial. The right to counsel includes the right to effective assistance of counsel. If a defendant can prove that their lawyer was ineffective, they may be able to get their conviction overturned. This is a common claim in habeas corpus cases.

To prove ineffective assistance of counsel, a defendant must show two things:

1. That their lawyer's performance was below an "objective standard of reasonableness."
2. "A reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different."

For example, if a defendant's lawyer failed to call a key witness who could have provided an alibi, and the defendant was convicted, they may be able to argue that their lawyer was ineffective. If the defendant can show that the witness would have changed the outcome of the trial, they may be able to get their conviction overturned.