Saturday, July 23, 2011
The fourth installment. From Bobby Click, Recent Law Review Articles Concerning the Legal Profession, 35 J. Legal Prof. 173 (2010). Part 1 of this biblio can be found here, Part 2 here and Part 3, here.
4. Malpractice, Misconduct, and Ineffective Assistance of Counsel
Barbara Fedders, Losing Hold of the Guiding Hand: Ineffective Assistance of Counsel in Juvenile Delinquency Representation, 14 LEWIS & CLARK L. REV. 771 (2010). In this article, the author addresses the issue of ineffective assistance of counsel that occurs in juvenile court and the lack of redress that is available to clients when they receive ineffective assistance.
Aliza B. Kaplan, A New Approach to Ineffective Assistance of Counsel in Removal Proceedings, 62 RUTGERS L. REV. 345 (2010). This article discusses ineffective assistance of counsel as it exists in removal proceedings--one of the most common types of immigration hearings. The author analyzes current standards for such proceedings, makes a number of recommendations on how the standards should be changed, and then makes a few recommendations that she thinks will help avoid ineffective assistance of counsel in removal proceedings in the future.
Shana-Tara Regon, Bringing an Unlawful Verdict to Light, CHAMPION, Feb. 2010, 12 (2010).
Paul J. Sampson, Ineffective Assistance of Counsel in Plea Bargain Negotiations, 2010 B.Y.U. L. REV. 251 (2010). This article addresses ineffective assistance of counsel, as it exists in plea bargain negotiations, [*180] through an analysis of the major case law in the area and a defendant's constitutional right to counsel.