FIRST IMPRESSIONS & SPLIT DECISION–FAMILY LAW: Ineffective Assistance of Counsel, In re I.L., No

In In re I.L., the majority held that, in a suit filed by a governmental agency seeking the appointment of a conservator of children, the parent received ineffective assistance of counsel in the motion for new trial stage. The dissent would have held counsel’s performance was not deficient and the parent was not prejudiced. Both the majority and dissent agreed that trial counsel’s participation at trial by phone does not per se constitute deficient performance.