MBE Rules · Criminal Procedure
6A — effective assistance of counsel
Strickland
The rule
Strickland two-prong test: (1) counsel's performance fell below an objective standard of reasonableness, AND (2) a reasonable probability that, but for deficient performance, the result would have been different. Highly deferential review of counsel's tactical choices.
In plain English
To prove a lawyer was ineffective, you must show they made serious mistakes and those mistakes likely changed the outcome of the case.
Worked example
The defendant's lawyer forgot to call a key witness who could prove an alibi. Because of this, the defendant was convicted. This could show ineffective assistance if the witness's testimony would likely have changed the verdict.
Memory hook
Strickland: Bad lawyer, bad outcome? Prove both! Show unreasonable errors and a different verdict likely.
The trap
Students think: Any error by counsel means ineffective assistance. Wrong, because errors must be both unreasonable and prejudicial. The actual test is Strickland's two-prong test.
How examiners test it
Strickland MBE setup: obvious attorney error, client convicted. Trap: students jump to ineffective assistance. Remember: must show both unreasonable performance and impact on outcome.
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