Timeline for Appealing a verdict due to the lawyers being incompetent and or failing to follow instructions?
Current License: CC BY-SA 4.0
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| Dec 12, 2022 at 0:45 | comment | added | zibadawa timmy | If you meant civil as in versus criminal, then I'm not sure at the moment. I would doubt it. Certainly not the same in the US, as the 6th amendment applies only to criminal trials and not to civil ones. Standards of performance on any attorney you do hire for a civil case would primarily be handled by state law (under the term "legal malpractice") and professional standards via the bar association. | |
| Dec 12, 2022 at 0:42 | comment | added | zibadawa timmy | @user5623335 Civil law systems are a completely different can of worms, and don't include England and Wales (though I think Scotland fits). My off-the-cuff impression is that civil systems tend to have more inquisitorial trials, in contrast to the adversarial system in the UK and US (though the US police system is pretty inquisitorial, the trials themselves are adversarial). Though as quite a broad swath of countries can be classified as Civil Law jurisdictions, it's risky at the least to paint them all with such a broad brush. | |
| Dec 12, 2022 at 0:35 | history | edited | zibadawa timmy | CC BY-SA 4.0 |
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| Dec 12, 2022 at 0:14 | comment | added | user5623335 | Just checking the answer covers Barristers, not just solicitors? Also, does the above apply to Civil Legal Systems? | |
| Dec 12, 2022 at 0:10 | comment | added | zibadawa timmy | @Joshua I think that's part of the article's bigger picture argument that the standards are not particularly clear, consistent, or even just in practice. Sometimes choosing not to call a witness is held as reasonable behavior, while other times not doing so under seemingly similar circumstances isn't. The attorney tends to get deference when they can frame their actions as a tactical one, though it still ends up kind of arbitrary and random based on the court adjudicating the claim. | |
| Dec 11, 2022 at 4:59 | comment | added | Joshua | "For it is the counsel that ultimately decides how to present the defense, which includes what evidence and testimony to seek to include, and this is a binding decision upon the accused." I'm accustomed to this going the other way; and defense counsel that went against the express wishes of the dependent is grounds to overturn; though other tests apply. | |
| Dec 10, 2022 at 2:36 | history | answered | zibadawa timmy | CC BY-SA 4.0 |