A multimillion-dollar conspiracy trial that stretched across the worlds of politics and entertainment is now touching on the tech world with arguments that a defense attorney for a Fugees rapper bungled closing arguments by using an artificial intelligence program.
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.
Not sure if there is a procedure for when a lawyer is practicing, I have never heard of a bar referral after a ruling on a motion for ineffective assistance in NY, but I have heard of retiring attorneys landing on the grenade so to speak and writing affidavits claiming that anything they may have touched in the slightest was somehow deficient, spoiled or tainted by their involvement if it can get a shot at more billable work/appeal.
People don’t generally get sanctioned for making honest mistakes. I didn’t say that a lawyer would tank the case on purpose, just that they’d try a new strategy. If no lawyers were allowed to try new strategies without facing penalties, that also seems like a bad system.