Effective Assistance of Counsel is a fundamental concept of the rights of the accused. It is guaranteed by the Sixth Amendment of the Constitution of the United States. In essence, this rule dictates that each person can be sure that their interests are protected by their attorneys. Subsequently, it is the duty of the attorneys to ensure the adequate delivery of justice, which includes informing their client about the costs associated with the court. The absence of the breakdown of the courts’ costs in Anna’s case constituted an infringement on her right to the effective assistance of counsel.
First, the attorney violated the law because they did not inform Anna of the necessary fees. Anna was not able to afford her own lawyer, neither was she capable of paying for the guilty plea. The attorney has the responsibility to know the background of the client, including their employment and financial capabilities (Henderson and Lora 24). As Anna could not afford to pay, it is reasonable to conclude that the attorney either did not inform her or did not inquire about her employment.
Second, effective assistance of counsel was compromised by the lack of sufficient client involvement. Henderson and Lora argue that the more the attorney engages the client, the more effective assistance of counsel will be (37). In this case, there are two indications that Anna was not involved: first, neither she, nor the attorney saw the breakdown of costs. Second, Anna did not know the consequences of pleading guilty. As a result, Anna was not involved, which indicates the attorney’s professional incompetence.
Altogether, there are two arguments for the attorney failing to provide effective assistance of counsel. First, they did not inform Anna about the costs of pleading guilty. Second, the client’ involvement was not sufficient for the adequate delivery of justice, which manifested in the ignorance of both Anna and the attorney towards the costs for pleading guilty. Subsequently, Anna’s indebted position is the result of ineffective assistance of counsel.
Reference
Henderson, Kelsey S., and Lora M. Levett. “Plea bargaining: The influence of counsel.” Advances in Psychology and Law, edited by B. Bornstein and M. Miller, Springer, Cham, 2019. 73-100.