How to Challenge Ineffective Assistance of Counsel in Massachusetts

Every defendant in Massachusetts has the right to competent legal representation. When a lawyer’s mistakes are so serious that they affect the outcome of the case, that is called ineffective assistance of counsel. It is one of the most common post-conviction claims and can result in a new trial or reduced sentence.

To succeed on this claim, you must show that your attorney’s performance fell below the standard expected of a reasonably skilled lawyer and that those errors likely changed the result of your case. Examples include failing to file key motions, not investigating witnesses, overlooking evidence, or giving incorrect advice about a plea. Sometimes the problem is not strategy but neglect, such as failing to meet deadlines or prepare for trial.

In Massachusetts, these claims are usually raised in a motion for new trial. The motion is supported by affidavits, documents, or testimony explaining what went wrong. Judges may hold an evidentiary hearing to decide whether the mistakes were serious enough to require a new trial.

The standard for evaluating ineffective assistance is flexible. Massachusetts courts use the “substantial likelihood of a miscarriage of justice” test, which gives judges discretion to correct unfair results even if the errors were not obvious at trial. This makes the state’s approach more protective than the federal standard.

If you suspect your lawyer’s performance contributed to your conviction, it’s important to act quickly. Reviewing the record with an experienced appellate attorney can help identify whether a valid claim exists and what steps to take next.