Filing an 11.07 writ of habeas corpus is a critical step in seeking justice after a Texas conviction, especially when you believe your trial counsel was ineffective. One of the most common grounds for these claims is ineffective assistance of counsel. However, to strengthen your claim, it can be highly beneficial to approach your former defense attorney and enlist their assistance. Here, we’ll discuss how to navigate this process effectively while maintaining a constructive relationship with your former counsel.
Understanding Ineffective Assistance of Counsel
Ineffective assistance of counsel occurs when your trial attorney’s performance falls below an objective standard of reasonableness, and this deficiency negatively impacts the outcome of your case. Examples include:
- Failing to investigate critical facts.
- Neglecting to call key witnesses.
- Providing incorrect or misleading advice.
Most criminal defense attorneys care deeply about their clients and strive to achieve the best possible outcomes. While there are exceptions, the majority of defense attorneys enter the field because they want to help people. That’s an important perspective to keep in mind as you prepare to file your claim.
Why Your Former Attorney Might Be Offended
When you file an ineffective assistance of counsel claim, it’s natural for your former attorney to feel offended. They likely believe they did their best under the circumstances and bristle at the allegation that trial counsel was ineffective – whether those circumstances involved bad facts, unfavorable law, or a challenging prosecutor or judge. For many attorneys, this claim feels like a personal attack on their professionalism and dedication. Acknowledging this sensitivity is key to fostering a productive conversation.
The Importance of Reaching Out Before Filing
Rather than blindsiding your former attorney with an ineffective assistance of counsel claim, consider reaching out to them beforehand. Here’s how you can do this effectively:
Prepare Your Application
Before contacting your former attorney, have your habeas corpus application drafted. Clearly outline the specific actions or inactions that you believe constituted ineffective assistance. This preparation will show that your claim is thoughtful and legitimate.
Acknowledge Their Efforts
When you reach out, recognize the work your former attorney did for you. For instance, you might say, “I know you worked hard on my case and did your best under difficult circumstances.” This approach can help diffuse defensiveness and open the door to collaboration.
Explain the Legal Basis
Frame your claim as a legal issue, not a personal attack. For example: “While I appreciate the effort you put into my case, there are specific legal issues that we need to address. Unfortunately, these issues have had a significant impact on my outcome.”
Highlight Shared Goals
Remind your former attorney why they entered criminal defense law – to help clients and seek justice. Emphasize that your goal is to correct a wrong in the system, not to tarnish their reputation. For instance, you might say, “I’m hoping we can work together to ensure justice is served in this case.”
Building a Partnership
When approached respectfully, many former defense attorneys are willing to assist in an ineffective assistance of counsel claim. Here are some ways they can contribute:
- Providing an Affidavit: Your former attorney can submit an affidavit acknowledging specific errors or omissions that were legally significant.
- Testifying in Court: They can testify about their decisions and how those decisions may have fallen short of legal standards.
- Collaborating on Your Application: By working together, you can present a stronger, more credible claim.
Addressing Common Concerns
Some attorneys worry that admitting to ineffective assistance could lead to sanctions from the state bar. In reality, such sanctions are rare. Reassure your former attorney that your primary focus is on achieving justice for your loved one (or yourself), not on seeking punitive measures against them.
Final Thoughts
Approaching your former defense attorney with respect and understanding can significantly improve your chances of success in a writ of habeas corpus. By preparing your 11.07 writ of habeas corpus application carefully, acknowledging their efforts, and focusing on shared goals, you can turn a potentially adversarial situation into a productive collaboration.
If you or a loved one are considering filing an ineffective assistance of counsel claim and have questions about the process, feel free to reach ou t to our appeals team at appeals@blizzardlawfirm.com or give us a call. We’re here to help you navigate this complex but crucial step toward justice.
