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Ineffective assistance claims abound - Utah Lawyer Liability
In a number of recent Utah appellate court opinions, appellants have alleged clams of ineffective assistance of counsel in varying degrees. Under Utah law, in order to prove a claim for ineffective assistance, a defendant must prove that his or her counsel’s representation fell below an objective standard and that there is a reasonable probability that, but for his or her counsel’s unprofessional errors the result of the proceeding would have been different. Thus, not only must a defendant show …