Also known as: adequate representation · adequately represented · effective assistance of counsel
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A prerequisite for class certification and derivative litigation requiring that named representatives and their counsel will fairly and adequately protect the interests of absent class members or the corporation. The inquiry focuses on the absence of conflicts between the representatives and the group they seek to represent as well as the competence and resources of counsel.
A prerequisite for class certification and derivative litigation requiring that named representatives and their counsel will fairly and adequately protect the interests of absent class members or the corporation. The inquiry focuses on the absence of conflicts between the representatives and the group they seek to represent as well as the competence and resources of counsel.
Adrian Aguilar filed a class action challenging a state residency requirement for divorce. By the time the case reached the Supreme Court Aguilar had satisfied the residency rule, yet the Court examined whether the named plaintiff could still adequately represent the class of similarly situated persons. The analysis turned on whether the interests of absent class members remained aligned with those of the representative.
The constitutional guarantee under the Sixth Amendment that defense counsel's performance will not so undermine the adversarial process that the trial cannot be relied upon to have produced a just result. Counsel must provide reasonably effective assistance and may not assist the client in committing perjury.
Albert Allen was convicted after his lawyer declined to object to plainly inadmissible hearsay emails and waived closing argument because the lawyer believed the judge had already decided the case. Allen later sought postconviction relief claiming the omissions deprived him of adequate representation. The court measured whether the lawyer's conduct so undermined the adversarial process that the trial could not be trusted to have produced a just result.
The constitutional guarantee under the Sixth Amendment that defense counsel's performance will not so undermine the adversarial process that the trial cannot be relied upon to have produced a just result. Counsel must provide reasonably effective assistance and may not assist the client in committing perjury.
Each sense below has its own examples, sources, and questions.
Arthur Abrams sought to intervene in an employment discrimination suit brought by a class of workers. The existing class representatives had reached a settlement that would bind all class members. Abrams argued that the representatives' interests conflicted with his own because the settlement released claims he wished to pursue separately. The court evaluated whether the existing parties provided adequate representation before denying intervention.
Alan Ackerman and other policyholders sued an insurer alleging a uniform practice of denying certain claims. They moved for class certification on behalf of thousands of similarly situated insureds. The court first determined whether the proposed representatives and their counsel could fairly and adequately protect the interests of absent class members before addressing predominance and superiority under Rule 23(b)(3).
The court must determine that the named representatives and class counsel will fairly and adequately protect the interests of the class. This requires the absence of conflicts between the representatives and absent members and that counsel possesses the competence and resources to prosecute the action vigorously.
Typicality focuses on whether the representatives' claims arise from the same course of conduct and legal theory as the class claims. Adequacy examines whether the representatives and counsel will vigorously protect absent members without conflicts and with sufficient competence and resources.
Anika Anand insisted her lawyer present false testimony at trial. The lawyer first attempted to dissuade her, then informed the court when she persisted. Anand claimed the lawyer's refusal and threat to disclose violated her right to adequate representation. The court held that the duty of loyalty does not extend to assisting perjury and that the lawyer's actions preserved rather than undermined the integrity of the proceeding.
Anthony Arnold, an indigent defendant charged with a felony, was forced to proceed without counsel after the trial court refused to appoint one. Arnold was convicted and later challenged the conviction on the ground that the absence of counsel denied him adequate representation. The Court held that the Sixth Amendment requires states to provide counsel to indigent defendants in felony cases.
Counsel's performance is presumed adequate unless the defendant shows that counsel's conduct so undermined the adversarial process that the trial cannot be relied upon to have produced a just result. Strategic choices receive deference and isolated errors rarely suffice.
Yes. Counsel has an ethical duty to refuse to assist perjury. The lawyer must first attempt to dissuade the client, consider withdrawal, and if necessary disclose the perjury. Such conduct does not violate the client's right to adequate representation.
…denied the motion to intervene as of right on the basis that the intervenors failed to show that their interests would not be adequately represented by the University. The district court also denied the proposed intervenors' alternative motion for permissive intervention. Discussion The proposed intervenors in each of these cases…