Is an attorney incompetent when they fail to lodge a meritless objection?
California, United States of America
The following excerpt is from People v. Alvarez, F064349 (Cal. App. 2016):
Finally, because appellant's claim has no merit, he cannot establish ineffective assistance of counsel. An attorney is not deemed incompetent when he or she fails to lodge meritless objections. (People v. Lucero, supra, 23 Cal.4th at p. 732.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an attorney be deemed incompetent if they fail to lodge a meritless objection? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
When a prosecutor has been found not guilty of misconduct for failing to make a meritless objection to a motion, does the prosecutor have to make meritless objections? (California, United States of America)
Does a defendant have a substantial rights claim against the Attorney General for failing to lodge an objection to a flight instruction? (California, United States of America)
Can an attorney litigant represented by other attorneys in his firm recover attorney fees? (California, United States of America)
Does a defendant have a substantial rights claim against the Attorney General for failing to lodge an objection to a flight instruction? (California, United States of America)
Can a defense counsel be deemed incompetent for failing to make a meritless, time-consuming, nonproductive argument, objections or motions that have little or no merit? (California, United States of America)
Does a defense counsel have to make a futile motion or meritless objection to an ex post facto objection? (California, United States of America)
Is ineffective assistance of counsel ineffective when a defense attorney fails to raise a meritless objection? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
