2012 Vermont Statutes
Title 13 Crimes and Criminal Procedure
Chapter 163 PUBLIC DEFENDERS
§ 5241 Ineffective assistance claim
§ 5241. Ineffective assistance claim
No action shall be brought for professional negligence against a criminal defense attorney under contract with or providing ad hoc legal services for the office of the defender general unless the plaintiff has first successfully prevailed in a claim for postconviction relief based upon ineffective assistance of counsel in the same or a substantially related matter. Failure to prevail in a claim for postconviction relief based upon ineffective assistance of counsel under contract with or providing ad hoc legal services for the office of the defender general shall bar any claim against the attorney based upon the attorney's representation in the same or a substantially related matter. (Added 2011, No. 100 (Adj. Sess.), § 1.)
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