In a classic case of lawyers protecting their own, a federal circuit court of appeals ruled recently a lawyer who takes a catnap in court isn’t “ineffective” unless he sleeps through “a substantial portion” of the trial.
A defendant’s criminal conviction can be overturned if a court finds there was “ineffective assistance of counsel.” The court didn’t define how long is “substantial,” but it found that snoozing through the client’s cross-examination wasn’t enough for reversal.
The ruling follows identical ones in three other appellate circuits.
Source: Kevin Underhill, “How Long Can Your Lawyer Nap Before It’s ‘Ineffective Assistance of Counsel?'” lowering the bar, August 4, 2011
Maureen Martin, a former legal fellow at The Heartland Institute, passed away on February 5, 2013.
