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Paralegal Exam Prep

Category - Legal Envrmt

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Kate sued Kim for breach of contract. Kandi was Kate's attorney. Kate lost. She was very upset about losing and blamed her attorney. Kate felt that Kandi did not present all of the evidence that could have supported her claim. She decided to appeal the loss of her case, claiming ineffective assistance of counsel. What will happen with Kate's appeal?
  1. Kate will lose because Kim did not breach the contract.
  2. Kate will lose because there is no evidence that Kandi did not do a good job representing Kate.
  3. Kate will win because she was unhappy with Kandi.
  4. Kate will win because Kandi clearly did not do her job very well.
  5. Kate will lose because the claim of ineffective assistance of counsel is not available for civil cases.
Explanation
Answer: E. Kate will lose her appeal because the claim of ineffective assistance of counsel is not available for civil cases. The Supreme Court has ruled that part of the Sixth Amendment right to counsel in a criminal case is the right to effective counsel. The same protection is not available in a civil case.
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