effective assistance of counsel
The right of a criminal defendant or appellant to have competent legal representation, whether the lawyer was appointed by the court or retained by the defendant. In general, competent legal representation is without errors that would result in the denial of a fair trial. This means that most attorney errors do not amount to ineffective assistance.
Category: Criminal Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


effective assistance of counsel
n. Diligent, competent legal representation in a criminal case that meets the minimum standards of due care expected of an attorney. Failure to receive effective assistance of counsel is a common basis for appeal in serious criminal matters, particularly death penalty cases.

Webster's New World Law Dictionary. . 2000.

Look at other dictionaries:

  • effective assistance of counsel — Conscientious, meaningful representation wherein accused is advised of his rights and honest, learned and able counsel is given a reasonable opportunity to perform task assigned to him. State v. Williams, Iowa, 207 N.W.2d 98, 104. Benchmark for… …   Black's law dictionary

  • effective assistance of counsel — Conscientious, meaningful representation wherein accused is advised of his rights and honest, learned and able counsel is given a reasonable opportunity to perform task assigned to him. State v. Williams, Iowa, 207 N.W.2d 98, 104. Benchmark for… …   Black's law dictionary

  • assistance of counsel — Sixth Amendment to Federal Constitution, guaranteeing accused in criminal prosecution assistance of counsel for his defense, means effective assistance, as distinguished from bad faith, sham, mere pretense or want of opportunity for conferences… …   Black's law dictionary

  • assistance of counsel — Sixth Amendment to Federal Constitution, guaranteeing accused in criminal prosecution assistance of counsel for his defense, means effective assistance, as distinguished from bad faith, sham, mere pretense or want of opportunity for conferences… …   Black's law dictionary

  • ineffective assistance of counsel — in·ef·fec·tive assistance of counsel: representation of a criminal defendant that is so flawed as to deprive the defendant of a fair trial claimed ineffective assistance of counsel following his conviction – called also ineffective assistance; ◇… …   Law dictionary

  • effective — ef·fec·tive adj 1: producing a desired effect an effective revocation of the contract 2: capable of bringing about an effect effective assistance of counsel see also ineffective assistance o …   Law dictionary

  • counsel, right to — Constitutional right of criminal defendant to court appointed attorney if he is financially unable to retain private counsel; guaranteed by Sixth and Fourteenth Amendments to U.S. Constitution, and as well by court rule (Fed.R.Crim.P. 44), and… …   Black's law dictionary

  • counsel, right to — Constitutional right of criminal defendant to court appointed attorney if he is financially unable to retain private counsel; guaranteed by Sixth and Fourteenth Amendments to U.S. Constitution, and as well by court rule (Fed.R.Crim.P. 44), and… …   Black's law dictionary

  • counsel — coun·sel 1 / kau̇n səl/ n pl counsel [Old French conseil advice, from Latin consilium discussion, advice, council, from consulere to consult]: lawyer: as a: a lawyer participating in the management or trial of a case in court ...to have the… …   Law dictionary

  • right to counsel — Constitutional right of criminal defendant to court appointed attorney if he is financially unable to retain private counsel; guaranteed by Sixth and Fourteenth Amendments to U.S. Constitution, and as well by court rule (Fed.R.Crim.P. 44), and… …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”