The Supreme Court will hear arguments in Padilla v. Kentucky today and Perdue v. Kenny A. tomorrow. Padilla involves an ineffective assistance of counsel claim brought by a legal permanent resident whose attorney incorrectly advised him that pleading guilty to three drug-related charges would not result in deportation. The ABA in its amicus brief argues on behalf of Mr. Padilla that a lawyer's duty of competence includes the duty to be informed about the consequences of a guilty plea and to advise the client accordingly. Perdue questions whether a fee awarded pursuant to a federal fee-shifting statute may be enhanced based on the quality of performance and results obtained.
Thanks to Renee Newman Knake of the Legal Ethics Forum for the information and links.
Here is an additional link to an article in today's Law.com on the Perdue case.
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