POSTVERDICTS LAW LIBRARY
What Is Ineffective Assistance of Counsel?
The Sixth Amendment right to counsel includes a right to effective assistance in criminal proceedings. Under Strickland v. Washington, most ineffective-assistance claims require proof that counsel performed deficiently and that the deficiency prejudiced the defense.
General educational information only. Not legal advice.
Important terms
Deficient performance means representation that fell below an objective standard of reasonableness under prevailing professional norms.
Prejudice generally means a reasonable probability that, without counsel's errors, the result would have been different.
Strategic choices receive deference when based on reasonable investigation and professional judgment.
Why it can matter
These claims may involve facts outside the trial record, such as what counsel investigated, advised, or knew. Post-conviction proceedings may provide the first practical forum for developing that evidence.
The claim should connect a specific act or omission to a concrete effect on the case rather than relying only on dissatisfaction with the outcome.
Limits to keep in mind
Poor results, personality conflicts, or isolated mistakes do not automatically establish constitutional ineffectiveness.
Different standards may apply to plea advice, appeals, conflicts, or proceedings where the constitutional right to counsel does not attach.