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Can I Appe The Judges Decision To Deny Replacement Counsel During A Marsdin Motion

Harvard Law Review

journal article

Dealing with Incompetent Counsel: The Trial Judge's Role

Harvard Law Review

Published By: The Harvard Law Review Association

Harvard Law Review

https://doi.org/10.2307/1340520

https://www. jstor .org/stable/1340520

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Abstract

Constitutional principles as well as our commitment to the adversary system require competent performance by trial counsel. In this Article, Judge Schwarzer argues that the traditional remedies for ineffective performance - direct and collateral review of trial lawyers' conduct or malpractice actions - do not adequately ensure that attorneys competently represent their clients' interests. Rather, direct action by the trial judge to assure the competence of trial counsel is both desirable and necessary. Judge Schwarzer makes specific suggestions to guide the trial judge's efforts to secure adequate performance. Responses to the problem of incompetent counsel are also considered in this issue in Note, Identifying and Remedying Ineffective Assistance of Criminal Defense Counsel: A New Look After United States v. Decoster. This Note focuses on judicial supervision of defense counsel performance at the pretrial stage. The two pieces may profitably be read together.

Journal Information

The Harvard Law Review publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. Each issue also contains pieces by student editors. Published monthly from November through June, the Review has roughly 2,000 pages per volume. All articles--even those by the most respected authorities--are subjected to a rigorous editorial process designed to sharpen and strengthen substance and tone. The November issue contains the Supreme Court Foreword (usually by a prominent constitutional scholar), the faculty Case Comment, twenty-five Case Notes (analyses by third-year students of the most important decisions of the previous Supreme Court Term), and a compilation of Court statistics. The February issue features the annual Developments in the Law project, an in-depth treatment of an important area of the law.

Publisher Information

Founded in 1887 by future Supreme Court Justice Louis D. Brandeis, the Harvard Law Review is an entirely student-edited journal that is formally independent of the Harvard Law School. Approximately ninety student editors make all editorial and organizational decisions and, together with a professional business staff of four, carry out day-to-day operations. Aside from serving as an important academic forum for legal scholarship, the Review is designed to be an effective research tool for practicing lawyers and students of the law. The Review also provides opportunities for its members to develop their own editing and writing skills. All student writing is unsigned, reflecting the fact that many members of the Review, in addition to the author and supervising editor, make a contribution to each published piece.

Can I Appe The Judges Decision To Deny Replacement Counsel During A Marsdin Motion

Source: https://www.jstor.org/stable/1340520

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