New trial ordered for criminal defendant after attorney failed to provide effective assistance of counsel and failed to seek to suppress evidence

 Here is an interesting fact scenario.  A criminal defense lawyer does not effectively represent a suspect during a police interview, and the police obtains information useful to the prosecution.  The lawyer then realizes that he should try to fix the problem but doing so would require him to file to suppress evidence from that interview on grounds of ineffective assistance of counsel.  But this would mean the lawyer has to admit their own ineffective assistance which would be self-incriminating (and would probably require the lawyer to testify in a fact finding hearing).  So the lawyer does not file to suppress the evidence and continues to represent the defendant.  After the defendant is convicted, represented by a different lawyer, the defendant asks for the conviction to be overturned.  What should the court do?

In a recent case with similar facts, the Massachusetts Supreme Court upheld an order for a new trial. Go here to read about the case and access a link to the opinion.  The Legal Profession Blog has a summary and some key passages here.