this post was submitted on 19 Oct 2023
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But how do you tell if the AI performed worse or better than the lawyer. What is the bar here for competence. What if it was a losing case regardless and this is just a way to exploit the system for a second trial.
That's what the appeals process is for.
I don't know about this particular lawyer, but I have heard that some lawyers will try novel court strategies, knowing that it's a win-win situation. If the strategy works, then their clients benefit, and if the strategy doesn't work, their clients get an appeal for having ineffective counsel where they normally wouldn't have an appeal.
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.
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.
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.