What is the test for denying a plaintiff's right to effective assistance of counsel?

The right to effective assistance of counsel is denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense. Strickland v.Washington, 466 U.S. 668, 687-88 (1984). In such cases, a petitioner is required to overcome the "presumption that, under the circumstances, the challenged action 'might be considered sound trial strategy'" and must show both incompetence and prejudice. Id. at 689 (quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955)). "Judicial scrutiny of a counsel's performance must be highly deferential" and there should be a strong presumption that counsel's performance falls within "the wide range of reasonable professional assistance." Id. A showing of prejudice must assert with reasonable probability that, but for counsel's errors, the result of the proceeding would have been different. Id. at 694.