It looks like this.
Lafler's principal problem is not that it incentivizes even more lying and sharp practice than goes on right now, although that's one outcropping sure to lie ahead. This was on graphic display yesterday, as OJ and his present crew of lawyers tore into his last crew (and Yale Galanter in particular) for allegedly telling OJ it was legal to use self-help (and armed self-help at that) when OJ was "recovering" what he claimed was his property in a Las Vegas hotel room.
For his efforts, OJ earned an armed robbery conviction and a 9 to 33 year sentence. He is now seeking a new trial, claiming, inter alia, that Mr. Galanter failed to convey a plea bargain that, had OJ known about it, would have created a much more lenient outcome for him.
Ineffective assistance of counsel claims have always produced the ugly spectacle of the current batch of defense lawyers gnawing at the last batch, with the client's most recent (and fabricated or not fabricated, take your choice) version of events providing the teeth. With Lafler having furnished yet another avenue for losing defendants to game the system, the aesthetics, not to mention the honesty, of criminal representation is about to take a nosedive it can ill afford.