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COUNSEL ISSUES Jessica Smith, UNC School of Government (January 2010) For a more detailed discussion of these and other issues related to counsel, see Jessica Smith, Selected Counsel Issues in North
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01
Gather all relevant information and evidence related to the case.
02
Contact a new attorney for a consultation and discuss the possibility of filing a claim for ineffective assistance of counsel.
03
Obtain a copy of the court transcripts and any documentation related to the previous legal representation.
04
Draft a detailed explanation of how the previous attorney's actions or lack of action resulted in a negative outcome for the case.
05
File a motion with the court outlining the grounds for the claim of ineffective assistance of counsel and request a hearing to present your case.
06
Attend the hearing and present your evidence and arguments to support the claim.

Who needs ineffective assistance of counsel?

01
Individuals who believe that their previous attorney did not provide adequate legal representation or made serious errors that negatively impacted the outcome of their case.
02
Defendants who have been convicted of a crime and believe that their attorney's actions or lack of action may have contributed to the guilty verdict.
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Ineffective assistance of counsel occurs when a lawyer's performance falls below the standard of competence expected of attorneys and results in a violation of the defendant's constitutional rights.
The defendant or their legal representative is required to file a claim of ineffective assistance of counsel.
To fill out ineffective assistance of counsel, the defendant or their legal representative must provide detailed information about the lawyer's actions or inactions that are believed to constitute ineffective assistance.
The purpose of ineffective assistance of counsel claims is to ensure that defendants receive fair representation and have their constitutional rights protected during legal proceedings.
Information such as specific instances of the lawyer's inadequate performance, the impact on the defendant's case, and any resulting harm must be reported on ineffective assistance of counsel claims.
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