Authorization and Payment for Investigative, Expert, and Other Services > Policies and Procedures > Types of Services/Providers

Attorneys (other than appointed counsel in that representation) may be authorized to provide "other services" (e.g., as experts or consultants) where necessary for adequate representation. Authorization to employ their services is requested on a Form CJA 21 or 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:

records completion,
determination of need to exhaust state remedies,
identification of issues,
review of draft pleadings and briefs, and
authorization process to seek the death penalty.

"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.