Virtually every criminal conviction in the United States is concluded through plea bargaining. Yet the Supreme Court, in the companion cases of Lafler v. Cooper and Missouri v. Frye , has only recently begun to look more critically at plea bargaining to ensure that defendants' constitutional rights are protected in the process. However, as Frye illustrates, the Court has declined to examine what constitutes competent negotiation in plea bargains by dismissing analysis of the negotiation process itself as a question of "personal style" for which standards cannot be set. Instead, the Court has only examined effective assistance of counsel claims in one phase of plea bargaining: the client counseling phase. The Court's reluctance to more fully examine competent assistance of counsel during all phases of plea bargaining, not simply the client counseling phase, reflects the Court's failure to consider developments in the field of negotiation over the last thirty years.