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Daniel R. Partain
The Volokh Conspiracy » Blog Archive » When Ineffective Assistance Becomes Malpractice - Jonathan H. Adler - http://volokh.com/2009...
Ineffective assistance of counsel is a common habeas petition claim, particularly in capital cases. This has led me to wonder whether legal representation that is constitutionally deficient should presumptively constitute legal malpractice. After all, for a capital defendant, effective assistance of counsel can be a matter of life and death. Yet it is rare that defense attorneys are sanctioned for providing inadequate assistance to capital defendants. - Daniel R. Partain from Bookmarklet