We receive a lot of requests for assistance on post-conviction issues. Habeas corpus cases are difficult and complex, and for that reason I can only handle a certain number. Because of the large number of requests coming in I have a system for handling those to ensure I receive I need in the most efficient manner possible.

The first thing I’m sure you want to know is if we can help you. In my view, there are two steps in any habeas case; the first is evaluation, to determine if you have a valid claim or not. If you have not already done so, I suggest you read my booklet on habeas corpus. As you will see from that, it is extremely difficult to obtain relief through a writ of habeas corpus. Despite what most people think, it is not simply a matter of hiring a good lawyer. Unless the facts are there, there is nothing any lawyer can do, no matter how good they are.

We want to avoid wasting both your time and ours by trying to identify up front those cases where there is little chance of success. Many times that is fairly easy to do if certain information is known. For that reason, the first step is to complete an evaluation form, and provide us with a basic information about the case. If you write or call, we are going to send that evaluation form before doing anything.

Based on the evaluation I can either tell you that there are no valid issues to raise, or that you might have something. The next step would be to conduct an evaluation of the case. The process involves more than simply reviewing the information in the evaluation form.. I will usually read the transcripts if they are available, as well as any court opinions. I will also send you a more extensive evaluation form to obtain additional information about what happened in your case.

For the first step of the process we charge a non-refundable investigative fee; that fee can range from $2,500 to $5,000, depending on the amount of work I anticipate. If I start work on your case and determine it is not worth pursuing, for whatever reason, this payment will not be refunded. This payment is to cover the cost and expense of working on your case, and in some cases obtaining an investigator to obtain additional information.

I realize this is a significant amount of money, and there is no guarantee we will take your case. There are several reasons we do this. The main reason is to avoid taking case when it is obvious there is no chance of obtaining relief. In most cases, that decision cannot be made without a thorough evaluation. That takes time, and this fee is to compensate us for the spent on the case. I also think it is invaluable to have a professional opinion on your case, even if it is not what you want to hear.

If you decide to pursue the matter further after the initial evaluation is completed, there will be an additional fee of at least $7,500.00. The actual amount depends on how complex or complicated case the case is, and how much work will be required, and can go significantly higher.

If you wish for me to review this matter, please complete the questionnaire (which can be found here) and return it to me. Do not send any of your case materials at this time. At this point we will not be responsible for returning anything you send. If I need something further to make my decision I will let you know.

You should be aware that accept only a few cases each year. There are several reasons for that, but the bottom line is that I carefully screen each case to determine if it is one I might want to take, and the individual is someone I want to represent. Those cases I do accept generally involve strong claims of actual innocence, or exceptional cases where serious constitutional violations have undermined the trial process. While many people believe their cases fit this definition, only a few actually do. If you do not think you have this type of claim there is no need to complete the evaluation.

I sincerely appreciate the trust and confidence you place in me when you request assistance. I understand how important this is to you and your family, and do not take that lightly. I will do everything I can to provide you with an honest and accurate assessment of your case – good or bad.