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To Plead or Not To Plead: Effective Assistance and Client-Centered Counseling

NCJ Number
Boston College Law Review Volume: 39 Issue: 4 Dated: July 1998 Pages: 841-909
S Zeidman
Date Published
69 pages
This article explores the defense attorney's constitutional obligation to the client when deciding whether to plead guilty or to go to trial.
The article examines the implications of the Second Circuit's analysis in Boria v. Keane for courts' evaluations of effective assistance of counsel and for clinical legal scholarship's formulations of client-centered counseling. In addition, the article: (1) describes the development of the effective assistance of counsel doctrine and its relation to client counseling; (2) analyzes the concept of client-centered counseling and its implications for an attorney's role in advising clients, concentrating on clinical legal scholars' attempts to apply client-centered counseling to clients in criminal cases; (3) evaluates in greater detail the history and holding of Boria; and (4) argues that the final, published holding in Boria did not go far enough to ensure that defense attorneys provide the effective assistance of counsel. Notes