Recent cases show an increasing judicial concern with the right to counsel for an indigent accused. This concern flows from the constitutional requirement of a fair trial for every accused, and has culminated with Gideon v. Wainright, establishing the right to counsel in the state courts in all cases. Concommitantly, a related concept of effective representation has acquired momentum. It dates from the language of Powell v. Alabama. This latter concept encompasses answers to the question of what amounts to competent and/or effective counsel. The answers to the question have proved to be delicate and shifting in emphasis from concern about "competency of counsel" to a broader concern about "effective representation.
Kenneth O. Jarvi,
Effectice Representation—An Evasive Substantive Notion Masquerading as Procedure,
Wash. L. & Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol39/iss4/9