Competent on Competence: Understanding the Duties and Approaches

to Effectively Address a Client’s Incompetence to Stand Trial

Lawyers have an obligation to investigate a client’s possible incompetence and to bring the issue to the attention of the trial court when necessary. John Philipsborn writes that defense lawyers should resist attempts by trial courts to marginalize lawyers’ stated concerns about the client’s competence. Lawyers should be prepared to argue that rulings from the U.S. Supreme Court explain the utility of information on competency.