5DUTY TO DEVELOP A THEORY OF THE CASE "During investigation and trial preparation, counsel should develop and continually reassess a theory of the defense." NLADA, Performance Guidelines for Criminal Defense Representation (1995), Guideline 4.3, p. 61."Developing a theory of the case that encompasses the best interests of the client and therealities of the client's situation will help counsel evaluate various choices throughoutrepresentation, from pretrial release and exploration of pretrial diversion programs and pleanegotiation, through taking of a guilty plea or trial, and sentencing." NLADA, PerformanceGuidelines, supra, Commentary, Guideline 4.3, p. 61.DEFINITION OF THEORY Theory - "a judgment, conception, proposition, or formula formed by speculation or deduction or by abstraction and generalization from facts." Webster's Third New International Dictionary(Unabridged), (G. & C. Merriam Co. 1976), p. 2371.Theory - "a more or less plausible or scientifically acceptable general principle offered to explain observed facts." The New Merriam-Webster Pocket Dictionary, (G. & C. Merriam Co. 1970), p.508.