A motion claiming ineffective assistance of counsel must be filed within 20 days of the date the court entered the written order terminating parental rights. Attorney Don Pumphrey explains claims for ineffective assistance of counsel in Tallahassee, FL, and the surrounding areas in Leon County.Florida - INEFFECTIVE ASSISTANCE of COUNSEL (and Right to Counsel). Finding that ineffective assistance of counsel occurs when a plea offer is re- jected because defense counsel provides erroneous legal advice or because counsel. Ineffective assistance of counsel means that you did not receive the legal representation that you deserve under the U.S. Constitution. This type of plea agreement is between the prosecutor and the defendant, and an ineffective assistance of counsel claim is not a malpractice claim. 2d 293, 297 (Fla. 1990)). For the same reason, it is generally not ineffective assistance for a lawyer to fail to anticipate changes in the law. Another issue with plea bargaining is that it sometimes results in inadequate legal representation. Ineffective assistance claims arising out of the plea process.