this post was submitted on 19 Oct 2023
198 points (95.0% liked)
Technology
59578 readers
2807 users here now
This is a most excellent place for technology news and articles.
Our Rules
- Follow the lemmy.world rules.
- Only tech related content.
- Be excellent to each another!
- Mod approved content bots can post up to 10 articles per day.
- Threads asking for personal tech support may be deleted.
- Politics threads may be removed.
- No memes allowed as posts, OK to post as comments.
- Only approved bots from the list below, to ask if your bot can be added please contact us.
- Check for duplicates before posting, duplicates may be removed
Approved Bots
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
If a client gets an appeal for ineffective counsel how is that counsel not brought up before the bar for review? That seems like a death knell for a lawyer.
People don't generally get sanctioned for making honest mistakes. I didn't say that a lawyer would tank the case on purpose, just that they'd try a new strategy. If no lawyers were allowed to try new strategies without facing penalties, that also seems like a bad system.
Not sure if there is a procedure for when a lawyer is practicing, I have never heard of a bar referral after a ruling on a motion for ineffective assistance in NY, but I have heard of retiring attorneys landing on the grenade so to speak and writing affidavits claiming that anything they may have touched in the slightest was somehow deficient, spoiled or tainted by their involvement if it can get a shot at more billable work/appeal.