Also known as: effective assistances · effective assistance of counsel
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee that a criminal defendant receives representation by counsel whose performance meets an objective standard of reasonableness. The guarantee is violated only when counsel's deficient conduct so undermines the adversarial process that the trial cannot be relied upon to have produced a just result.
Edith Eberhardt faced extortion charges arising from her negotiations with a local business. Her lawyer failed to request an instruction distinguishing lawful hard bargaining from criminal extortion. The jury convicted her after receiving no guidance on that central distinction. The omission left the adversarial testing incomplete and undermined confidence in the verdict.
Eugene Ellsworth told his lawyer he intended to testify falsely at trial. The lawyer refused to present the testimony, urged Ellsworth to tell the truth, and warned that he would disclose the perjury if necessary. Ellsworth was convicted on other evidence. The lawyer's actions preserved the integrity of the proceeding and did not violate the right to effective assistance.
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Elijah Edwards was charged with diverting hospital medication. His appointed lawyer spent almost no time reviewing electronic tracking data before waiving a suppression hearing and advising a bench trial. Edwards was convicted. The lawyer's near-total failure to investigate key evidence left the prosecution's case untested and undermined the reliability of the outcome.
Erika Echevarria was charged with sabotaging plant equipment. Her public defender advised rejecting a favorable plea offer without explaining the sentencing exposure she faced at trial. She was convicted and received a lengthy sentence. The failure to communicate essential information about the plea deprived her of meaningful assistance at a critical stage.
Enzo Eastwood was prosecuted for smuggling after customs officers found contraband in shipping containers. His lawyer made no effort to obtain manifests listing other crew members with access and declined to cross-examine the officers. Eastwood was convicted on untested evidence of control. The total inaction left the prosecution's case free from meaningful adversarial challenge.
Edgar Evers, an indigent defendant, was forced to proceed without counsel at arraignment and trial on felony charges. He was convicted after a proceeding in which no defense was presented. The complete absence of representation at every critical stage violated the constitutional guarantee of effective assistance.
A defendant must show both that counsel's performance fell below an objective standard of reasonableness and that the deficient performance created a reasonable probability of a different outcome. Courts presume counsel acted competently and ask whether the errors so undermined the adversarial process that the result cannot be relied upon as just.
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Yes. Because plea bargaining is a critical stage, counsel must communicate plea offers and provide reasonable advice about sentencing exposure. Failure to do so can constitute deficient performance if the defendant shows he would have accepted the offer and the court would have imposed it.
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Counsel may refuse when the testimony would be perjurious. The lawyer must first attempt to dissuade the client, consider withdrawal, and, if necessary, disclose the perjury to the court as a reasonable remedial measure.
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No. Even serious errors satisfy only the deficiency prong. The defendant must also prove prejudice by showing a reasonable probability that the outcome would have been different or that confidence in the verdict is undermined.
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…Court then turned to the governing legal principles. The Sixth Amendment guarantees a criminal defendant the right to the effective assistance of counsel. This right is fundamental and applies to the States through the Fourteenth Amendment. The Court rejected a per se rule of ineffectiveness. Instead, claims of ineffective assistance are to…