Habeas Corpus

Habeas corpus is a complex area of law which few lawyers handle. Successfully handling a habeas claim requires knowledge of what can and cannot be raised, as well as the standards of review applied to different claims. Of particular importance is knowledge of the complex rules of default and waiver, which often prevent the consideration of some claims.

This area of law also requires several different skills, combining the skills of a trial lawyer with those of an appeal lawyer. A lawyer must be able to investigate and review cases. Most cases involve a substantial number of documents that must be reviewed. Additional investigation may also be necessary, and the lawyer must be able to identify the areas to investigate. Once that is done, the claims must be researched and presented to the court in a persuasive manner. Where hearings are conducted, the same skills used during trial must be employed to present the claim in a persuasive and convincing manner.

We have developed the experience and skill necessary to handle such cases. As with appeals, we regularly receive referrals from other lawyers. Mr. Reaves has also taught a class on post-conviction procedure at Baylor Law School for a number of years. We have also attempted to share that experience with others through the book Understanding Habeas Corpus.

Few cases can be successfully pursued through a writ of habeas corpus. For that reason, we will not accept a case without a thorough review. Through that review we can determine whether there are any issues to pursue, and if so what they are. Such a review requires a fairly extensive review of all the documents in the case, as well as gathering information from the client and others involved. The fee for that review is $1,500 for most cases. For some complex cases, especially those with lengthy records, the fee can be from 2,000 to 2,500.

If we identify issues to raise, we can also provide a cost for pursuing the writ. That is based on the complexity of the case, and the amount of work required. The fees range from $5,000 to $10,000 and occasionally higher.

If you would like more information on how we can help you, please contact us.