People responding to criminal charges need the assistance and advocacy of a criminal defense attorney. Their entire future may depend on the outcome of the criminal case. Defendants generally try to hire lawyers who have a track record of success and who are familiar with a specific area of law.
Unfortunately, not all criminal defendants receive the same standard of representation. Some defendants recognize that they have received ineffective legal representation. A lawyer’s failings can be due to a variety of issues. Substance abuse, a lack of familiarity with case law or general incompetence can all compromise the standard of representation provided to a criminal defendant.
Sometimes, a lawyer is perfectly capable of representing a client, but they fail to do so. A conflict of interest may cause a lawyer to fail to provide the same standard of representation that they usually do.
What constitutes a conflict of interest?
There are a variety of factors that can constitute a conflict of interest for a criminal defense attorney. Financial investments made by the lawyer, their spouse or other family members can sometimes influence their behavior during a criminal case.
Other times, a personal history with a certain type of crime or a family member’s involvement in a criminal incident could affect the representation they provide to certain defendants in the future. Even outside relationships can constitute a conflict of interest. If the attorney had a relationship with the alleged victim of the crime or with one of their family members, that could affect how well they represent their client.
Poor representation may be grounds for an appeal
If a client discovers a pre-existing conflict of interest after a poor outcome at trial, they may have reason to appeal the case. Ineffective assistance of counsel can include scenarios in which a lawyer’s undisclosed conflict of interest compromised the standard of representation that they provided.
If a defendant can successfully convince the courts that a lawyer did not uphold their fiduciary duty and consistently act in the best interests of their client, that could be grounds for a criminal appeal. Defendants can potentially obtain a better outcome when a lawyer has failed to fulfill their professional responsibilities.
Reviewing what happened during the criminal trial and the nature of the conflict of interest can help a defendant explore whether they may be able to appeal a recent conviction. Unprofessional or substandard legal representation is one of several scenarios that may pave the way for a criminal appeal.