Anyone who has been accused of a criminal offense has a right to legal representation in all but the most minor of cases. Their attorney can educate them about the law, help them develop a defense strategy and represent them in court. A lawyer’s expertise and abilities will play a key role in someone’s defense.
Unfortunately, sometimes lawyers disappoint their clients. In a scenario where someone who has been convicted in a criminal trial can show that their lawyer’s professional failings led to their poor outcome, that could potentially give them grounds for an appeal.
People can appeal based on a lawyer’s failings
When a lawyer does not provide a competent and professional standard of representation, their professional failings may culminate in a client’s criminal conviction. The person disappointed with their lawyer’s performance in court can sometimes turn that negative situation into the possibility of an appeal. They could raise a claim that they did not have adequate representation during their criminal trial, which resulted in an unfair and incorrect outcome.
Perhaps an attorney had never represented someone in a drug case before and was unfamiliar with key statutes or precedents. Their lack of research and knowledge could lead to an unfavorable outcome for the client that trusted them. Maybe they were so busy that they didn’t remember any of the details of someone’s charges when they showed up for court, or perhaps they gave legitimately bad advice.
The more documentation someone has outlining their lawyer’s improper or unprofessional conduct, the easier it should be to evaluate the situation to see if it may warrant an appeal. Holding a lawyer accountable for their professional failings via a legal malpractice action could lead to justice regarding their professional negligence.
