Ineffective Counsel

This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.

Writing Template

Issue

I: The issue is whether the counsel was ineffective.

Analysis

R:Under the Sixth Amendment, a criminal defendant has the right to effective assistance of counsel. To establish ineffective assistance of counsel, the defendant must show (1) that counsel’s performance was deficient and (2) caused prejudice.

1. Deficient

R: Counsel’s performance was deficient it fell below an objective standard of reasonableness as defined by prevailing professional norms.

A: Here, [apply rule to facts].

C: Therefore, counsel’s performance [was/was not] deficient.

2. Prejudice

R: Counsel’s deficient performance caused prejudice if there was reasonable probability that, but for counsel’s unprofessional errors, the outcome of the proceeding would have been different.

A: Here, [apply rule to facts].

C: Therefore, counsel’s performance [caused/did not cause] prejudice.

Conclusion

C: Therefore, since both element [are/are not] satisfied, the counsel [was/was not] ineffective and the court [may/may not] reverse the conviction, resentence the defendant, or vacate a guilty plea.

Usage Notes

JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.

The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.

The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.

The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.

Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.

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