What is the burden of proof against incompetent counsel in a civil case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Tucker, 716 F.2d 576 (9th Cir. 1983):
The Third Circuit varies the burden of proof according to the nature and quantum of counsel's errors and omissions. If, for example, counsel's incompetent acts make it impossible to determine whether the defendant was prejudiced because of the failure to call a witness who is now dead, "a finding of departure from the standard of normal competence requires without more, a new trial." United States ex rel. Green v. Rundle, 434 F.2d 1112, 1115 (3rd Cir.1970).
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