Serious Failure by Trial Counsel Law and Legal Definition

“A serious failure by trial counsel is defined as incompetency, inefficiency, or inattention of counsel - behavior falling measurably below that which might be expected from an ordinary, fallible lawyer. If there is a serious failure by trial counsel, the court must then determine whether the failure resulted in a substantial likelihood of a miscarriage of justice.” Shuman v. Spencer, 2009 U.S. Dist. LEXIS 91233 (D. Mass. Sept. 25, 2009)