this post was submitted on 19 Oct 2023
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I don't know about this particular lawyer, but I have heard that some lawyers will try novel court strategies, knowing that it's a win-win situation. If the strategy works, then their clients benefit, and if the strategy doesn't work, their clients get an appeal for having ineffective counsel where they normally wouldn't have an appeal.
If a client gets an appeal for ineffective counsel how is that counsel not brought up before the bar for review? That seems like a death knell for a lawyer.
I had never heard that. Is there a name for that? Or do you have a place I can read more about it?