Several of the ABA Model Rules of Professional Conduct are particularly relevant to the analysis of the Sixth Amendment guarantee of the effective assistance of counsel:
"A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."
Model Rules of Prof’l Conduct R. 1.1 (2012).
"A lawyer shall act with reasonable diligence and promptness in representing a client."
Model Rules of Prof’l Conduct R. 1.3 (2012).
In 1984, the Court in Strickland v. Washington established that the proper standard for attorney performance is that of reasonably effective assistance. Because the Court noted that “[n]o particular set of detailed rules for counsel's conduct can satisfactorily take account of the variety of circumstances faced by defense counsel or the range of legitimate decisions regarding how best to represent a criminal defendant,” Strickland established that there is a presumption in defense counsel’s favor. However, the Court articulated a two-part test for determining what constitutes reasonably effective assistance of counsel, as a means of overcoming this presumption.
A criminal defendant must show:
In the wake of Strickland, the Supreme Court has since recognized that the right to the effective assistance counsel extends to identification lineups, arraignments, preliminary hearings, plea negotiations and the entry of a guilty plea.
Building on the arguments used in prior cases can help to refine your argument.