Services Provided by Attorneys as Experts or Consultants

Attorneys (other than appointed counsel in that representation) may be authorized to provide "other services" (e.g., as experts or consultants) in non-capital or capital representations, where necessary for adequate representation. Authorization to employ their services is requested for capital cases on a Form CJA 31.

When necessary for adequate representation in federal capital habeas corpus cases and in federal capital prosecution cases, 18 U.S.C. § 3599(f) authorizes the reasonable employment and compensation of expert attorney consultants to provide services to appointed and pro bono attorneys.

The Guide, Vol. 7, § 660.30 describes authorized services as "light consultation" in such areas as:

"Light consultation" services are those that a lawyer in private practice would typically seek from another lawyer who specializes in a particular field of law. The Guide, Vol. 7, § 660.30(b) describes examples of "heavy consultation" services, which would not be authorized.