What is ineffective assistance of counsel?

What is Ineffective Assistance of Counsel?

The most common claim made in 2255 motions is for ineffective assistance of counsel. What this means is that your lawyer made fundamental mistakes that were so bad they fell below the standard of “reasonably effective assistance” guaranteed by the Sixth Amendment. But those mistakes must have prejudiced you, meaning that the result of your proceeding would have been different without those mistakes. A defendant must prove both of these things in order to be successful on a claim of ineffective assistance.

Each person’s case is different and each defendant deserves a comprehensive evaluation of whether their unique circumstances demonstrates their lawyer failed in the basic obligations the Constitution requires.

Certain things, however, never meet this standard and cannot be used to argue ineffective assistance of counsel. For example, you cannot second-guess your lawyer’s strategy in a 2255 motion. But you can show that your lawyer did not investigate the case properly and missed key facts or evidence that would have proven your innocence. Or you can show your lawyer failed to tell you about a plea offer made by the government which you would have accepted if you were informed. These are the kinds of ineffectiveness claims that 2255 motions exist to correct.