Are you considering a federal criminal defense or post-conviction case review and want clear, upfront pricing? At Elizabeth Franklin-Best, P.C., we believe transparency matters so you can make informed decisions about your next steps. Contact us today or call (843) 620-1100 to schedule a confidential consultation.
Our law firm provides high-level federal appellate representation nationwide, focusing on post-conviction advocacy in complex criminal cases. Founding attorney Elizabeth Franklin-Best understands how federal cases are tried and where they often go wrong. We’re here to stand up for you and challenge any mistakes or constitutional violations that led to your conviction.
How Much Does Federal Criminal Defense and Post-Conviction Representation Cost at Elizabeth Franklin-Best, P.C.?
Every matter begins with a $400 one-hour consultation. If we are a fit, the second stage is a flat-fee case review, $5,000 to $15,000 depending on the matter type, that produces a written case assessment.
Clients who elect to move forward enter a flat-fee engagement representation. Most federal post-conviction engagements range from $25,000 to $100,000; complex trial-record matters and Supreme Court work can extend higher. The case review fee is credited dollar-for-dollar against the engagement fee upon retention. All fees are flat. No hourly billing.
Why We Publish Our Fees
The federal criminal defense bar does not publish its fees. Open the websites of the nation’s best-known federal defense and post-conviction firms, and you will find the same language on every “fees” page. We take the opposite view.
Families facing federal incarceration, or those whose loved ones are already in federal custody and fighting to get out, are making the most consequential financial decision of their lives. They deserve to understand what serious federal post-conviction representation costs before they pick up the phone — not after an hour-long sales call.
We publish our fees because we are confident in our work, because transparency is the foundation of a trust-based attorney-client relationship, and because we would rather have fewer, better-matched inquiries than many unqualified ones. If our pricing works for your circumstances, we want you to know that before the consultation. If it does not, we respect your time enough to let you keep looking.
This is not a discount practice. Elizabeth Franklin-Best, P.C. is a premium federal criminal defense and post-conviction boutique. Our fees reflect the depth of work serious federal representation requires and the stakes involved — typically years, and sometimes decades, of a client’s life. What we publish on this page is the honest answer to “how much does a federal defense lawyer cost?” — given in the same spirit in which we practice law.
The Three-Stage Process
Every federal matter at Elizabeth Franklin-Best, P.C., moves through three clearly defined stages. Each stage has a fixed flat fee, a clear deliverable, and a specific purpose.
Stage 1 – Initial Consultation: $400
A one-hour conversation with one of our attorneys. Not a sales call — a structured, substantive working session. You will leave the hour with:
- A preliminary assessment of the legal issues in your or your loved one’s case
- Identification of the most viable post-conviction vehicles for the situation (§ 2255 motion, direct appeal, compassionate release, pardon or commutation, sentencing mitigation, early termination of supervised release, Supreme Court certiorari)
- A candid explanation of what a case review and full engagement would involve, and an estimated fee range for each
- An honest answer on whether our firm is the right fit — and if we are not, a direction toward attorneys or resources that might be
The $400 consultation fee is non-refundable and cannot be credited toward later fees. It pays for the attorney’s preparation time and one hour of undivided attention.
Stage 2 – Case Review: Flat Fee
Every new matter at our firm begins with a paid case review. This is not negotiable — and it is not an upsell. It is how we responsibly assess whether a viable legal claim exists, what the realistic probability of a favorable outcome is, and what a full engagement would require. No federal post-conviction attorney can responsibly quote a full engagement fee without doing this work first.
The case review produces a written case assessment documenting our findings, identified legal issues, recommended strategy, and engagement fee quote for the next stage.
| Matter Type | Case Review Fee |
|---|---|
| Compassionate release | $7,500 |
| § 2255 motion — plea-based conviction | $10,000 |
| § 2255 motion — trial-based conviction | $15,000 |
| Pardon petition — plea-based | $5,000 |
| Pardon petition — trial-based | $7,500 |
| Commutation petition — plea-based | $5,000 |
| Commutation petition — trial-based | $7,500 |
| Sentencing mitigation | $7,500 |
| Direct appeal — single-issue | $10,000 |
| Direct appeal — multi-issue | $15,000 |
| Early termination of supervised release — simple | $5,000 |
| Early termination of supervised release — complex | $7,500 |
| Supreme Court certiorari petition | $15,000 |
The case review fee is credited dollar-for-dollar against the engagement fee if you retain the firm for the full matter. Families who complete a case review and decide not to proceed — either because we conclude no viable path exists, or because they elect to proceed pro se or with other counsel — receive the written assessment and owe nothing further.
Case review fees are collected in full before work begins and are non-refundable.
Stage 3 – Full Engagement: Flat Fee
If the case review identifies a viable path forward and you elect to retain the firm, we quote a flat engagement fee for the full matter. The engagement fee is the total fee for the representation through the scope defined in the engagement letter — no hourly billing, no retainer replenishment, no surprise invoices.
Most federal post-conviction engagements at Elizabeth Franklin-Best, P.C. fall within the following ranges. Where a specific case falls within a range depends on the case-specific drivers described below each service.
Federal Post-Conviction Engagement Fees – By Matter Type
§ 2255 Motion (Post-Conviction Habeas)
Plea-based convictions: $45,000–$65,000 – (case review: $10,000, credited)
Trial-based convictions: $75,000–$100,000 – (case review: $15,000, credited)
Where a § 2255 matter falls within the range depends on the number of constitutional claims, the length of the trial or plea record, whether Brady or Giglio issues are in play, the likelihood of an evidentiary hearing, and whether immigration consequences or prosecutorial misconduct issues require additional investigation.
→ Learn more about § 2255 representation.
Direct appeal (Fourth, Eleventh, and other federal circuits)
Single-issue appeals: $45,000–$55,000 – (case review: $10,000, credited)
Multi-issue appeals: $75,000–$100,000 – (case review: $15,000, credited)
Variation within the range is driven by trial record length (two-week trials versus two-day plea hearings), the number of preserved errors being pressed, the novelty or complexity of the legal questions, whether oral argument is granted, and whether circuit-split issues require additional briefing depth.
→ Learn more about federal appeals.
Compassionate Release
$40,000–$55,000 – (case review: $7,500, credited)
Variation is driven by the medical or non-medical grounds being pressed, the complexity of the medical records, whether terminal illness or imminent-death circumstances require expedited filing, whether multiple extraordinary and compelling reasons are being combined, and the sentencing judge’s known disposition toward § 3582(c)(1)(A) motions.
→ Learn more about compassionate release.
Sentencing Mitigation
$75,000–$100,000 – (case review: $7,500, credited)
Complex federal sentencing is the most variable engagement we quote. Multi-defendant conspiracy cases, RICO matters, complex loss-calculation sentencings, and cases involving mandatory minimum exposure all drive the engagement toward the upper end of the range. Single-defendant matters with straightforward guideline calculations fall lower. Expert witness coordination (mitigation specialists, psychologists, medical experts) is included in sentencing mitigation engagements, with expert fees themselves billed separately as pass-through costs.
→ Learn more about federal sentencing mitigation.
Pardon Petitions
Plea-based: $25,000–$40,000 – (case review: $5,000, credited)
Trial-based: $30,000–$40,000 – (case review: $7,500, credited)
Pardon engagements vary based on the seriousness of the underlying offense, whether the matter is high-profile and requires coordinated media strategy, the depth of rehabilitation documentation needed, and whether multiple convictions must be addressed in a single petition.
→ Learn more about pardon representation.
Commutation Petitions
Plea-based: $25,000–$35,000 – (case review: $5,000, credited)
Trial-based: $30,000–$40,000 – (case review: $7,500, credited)
Commutation engagements vary based on the sentence length being challenged (life or de facto life sentences command the upper end), the number of convictions, the presence of § 924(c) stacking issues, and trial-record complexity.
→ Learn more about commutation petitions.
Early Termination of Supervised Release
Simple matters: $15,000–$20,000 – (case review: $5,000, credited)
Complex matters: $35,000–$45,000 – (case review: $7,500, credited)
Simple matters involve clean supervision records with probation officer support. Complex matters involve restitution disputes, modifications of conditions in sex-offense cases, government opposition, or evidentiary hearings. We handle both.
Supreme Court Certiorari
Certiorari petition only: $75,000–$100,000 – (case review: $15,000, credited)
Merits representation if cert is granted: $150,000–$200,000 – (separate engagement)
The certiorari engagement covers petition drafting, filing, and reply brief. If certiorari is granted, merits representation — full briefing, oral argument preparation, and moot court work — is quoted as a separate engagement. Variation within the range is driven by the complexity of the cert-worthiness argument, the depth of circuit-split analysis required, and the need for amicus coordination.
Why We Charge Flat Fees, Not Hourly
Hourly billing is the federal criminal defense industry’s default, and it is the wrong model for most post-conviction work.
When a client is billed by the hour, every phone call incurs a cost. Every email costs money. Every question costs money. Clients and families hesitate to ask what they need to ask, and attorneys have a financial incentive to bill more hours rather than work more efficiently. In a § 2255 matter that may run for 18 months, those incentives compound.
Flat-fee representation aligns the incentives. We quote a single fee for the full matter. The case is done when it is done, and the fee does not change based on how long it takes or how many hours get logged. Clients communicate freely; we work efficiently; no one is watching the clock.
This model requires discipline. We do substantial diagnostic work in the case review stage specifically so that we can quote an engagement fee with confidence — and so we are not caught by surprise six months into a matter that turns out to be dramatically larger than initially apparent. The $5,000 to $15,000 case review is not just a gateway step; it is the work that enables flat-fee pricing for complex federal matters.
What The Fees Include – And What They Do Not
The flat engagement fees above cover all attorney time on the matter through the scope defined in the engagement letter. No hourly add-ons. No per-call charges. No surprise invoices for associate time.
Costs billed separately (at cost, no markup):
- Expert witness fees: Sentencing mitigation and compassionate release engagements often require specialists in mitigation, forensic psychologists, medical experts, or other qualified professionals. Expert fees are pass-through costs paid directly to the expert.
- Transcript fees: Federal court transcripts are priced by the government per page and are always billed as a pass-through cost. Multi-week trial transcripts can run several thousand dollars; single-day hearing transcripts run substantially less.
- Filing fees: Court filing fees (where applicable; most habeas and compassionate release filings are fee-exempt).
- Travel: Where a matter requires attorney travel (hearings, argument, in-person client meetings at BOP facilities), travel costs are billed at cost. Attorney travel time itself is based on a daily per diem.
Clients receive itemized documentation of all costs advanced, and all costs are discussed in advance whenever they are anticipated.
Payment Terms
Consultation fee: $400, payable in full before the consultation.
Case review fee: Payable in full before work begins. Non-refundable. Credited dollar-for-dollar against the engagement fee upon retention.
Engagement fee: Payable in up to three installments. The first installment is due at retention; the remaining installments are due prior to making an appearance in the case. Work on the matter begins upon receipt of the first installment. Families who prefer to pay the full engagement fee at the time of retention may do so.
We do not defer fees or accept contingent-fee arrangements, but through our payment processor, some clients may qualify for legal fee financing. Clients who need a longer payment runway than our installment and financing structure allows are often better served by a federal public defender, and we will say so candidly in the consultation.
The Firm
Elizabeth Franklin-Best, P.C. is a boutique federal criminal defense and post-conviction law firm with offices in Columbia and Mount Pleasant, South Carolina, practicing nationwide.
Elizabeth Franklin-Best is the firm’s principal attorney. Her practice is focused on federal direct appeals, § 2255 motions, compassionate release, sentencing mitigation, and federal post-conviction litigation. She has litigated matters in federal district courts, federal circuit courts of appeal, and the United States Supreme Court.
Christopher Zoukis, JD, MBA, is the firm’s Managing Director. He holds a J.D. from UC Davis School of Law (former Articles Editor of the Law Review) and an MBA, and is the author of the *Federal Prison Handbook* and *The Habeas Citebook: Ineffective Assistance of Counsel*. His commentary on federal criminal justice has been cited by CNN, The New York Times, Fox News, and NPR. He serves as Chairman of the Board of the Human Rights Defense Center.
The firm represents clients nationwide in federal district courts and all federal circuits. We accept a deliberately limited number of post-conviction engagements each year to ensure the depth of work every federal matter requires.
How To Begin
Federal post-conviction windows are unforgiving. A § 2255 motion must generally be filed within one year of the conviction becoming final. Direct appeals are due within 14 days of judgment. Compassionate release motions are inherently time-sensitive. Supreme Court certiorari petitions have a 90-day deadline from the circuit court’s denial of rehearing. Waiting rarely helps.
If you are considering federal post-conviction and trial-level representation for yourself or a loved one, the next step is the $400 consultation.
Federal Criminal Defense and Post-Conviction Fees – Frequently Asked Questions
How Much Does a Federal Criminal Defense Attorney Cost?
Federal criminal defense and post-conviction representation range widely depending on the matter. At Elizabeth Franklin-Best, P.C., most post-conviction engagement fees range from $25,000 to $100,000 — for example, $45,000–$65,000 for a § 2255 motion on a plea-based conviction, $75,000–$100,000 for a multi-issue direct appeal or a trial-based § 2255, and $40,000–$55,000 for compassionate release. All matters begin with a $400 consultation and a $5,000–$15,000 case review. The case review fee is credited dollar-for-dollar against the engagement fee upon retention.
How Much Does a § 2255 Motion Cost?
At Elizabeth Franklin-Best, P.C., § 2255 motion engagements range from $45,000 to $65,000 for plea-based convictions and $75,000 to $100,000 for trial-based convictions, preceded by a $10,000 or $15,000 case review (credited against the engagement fee upon retention). Variation within the range is driven by the number of constitutional claims, record length, and whether evidentiary issues require additional investigation.
How Much Does a Federal Appeal Cost?
Federal direct appeal engagements at our firm range from $45,000 to $55,000 for single-issue appeals and $75,000 to $100,000 for multi-issue appeals, preceded by a $10,000 or $15,000 case review (credited upon retention). Variation is driven by trial record length, number of preserved errors, and whether oral argument is granted.
How Much Does a Compassionate Release Attorney Cost?
Compassionate release engagements at our firm are $40,000 to $55,000, preceded by a $7,500 case review (credited upon retention). Variation within the range is driven by the grounds on which the claim is pressed, the complexity of the medical record, and whether expedited filing is required.
Why Do You Require a Paid Case Review Before Quoting the Full Engagement Fee?
No responsible federal post-conviction attorney can quote a full engagement fee without first reviewing the record, identifying viable claims, and assessing the likelihood of a realistic outcome. That diagnostic work takes 4 to 20 hours, depending on the matter. We charge for it because it is real work that produces a real deliverable — a written case assessment — and because charging a case review fee separates serious prospects from casual inquiries. It also allows us to quote a flat engagement fee with confidence rather than an hourly estimate that could drift upward.
Is The Case Review Fee Refundable?
No. The case review fee is non-refundable. It is credited dollar-for-dollar against the engagement fee if you retain the firm for the full matter. If the case review concludes that no viable path forward exists — or if you elect not to proceed — you keep the written case assessment and owe nothing further.
What If I Can’t Afford The Full Engagement Fee?
Engagement fees can be paid in installments (the first installment at retention, and the remaining installments before we appear in your case). Families who need a longer payment runway than that are typically better served by federal public defenders, Criminal Justice Act-appointed counsel, or court-appointed habeas counsel in qualifying cases. We will say so candidly in the consultation. Federal post-conviction work is expensive because it is labor-intensive, and we would rather be honest about that than accept an engagement we cannot properly resource.
Do You Offer Free Consultations?
No. We charge $400 for a one-hour consultation because it is a substantive working session, not a sales pitch. You will leave the hour with preliminary legal analysis and concrete next-step recommendations. Families looking for a free conversation are welcome to consult our extensive free educational content, which covers the major federal post-conviction vehicles in substantial depth.
Why Do Your Fees Seem Higher Than Those Of Other Federal Criminal Defense Firms?
Federal post-conviction work is deeply labor-intensive. A serious § 2255 motion on a trial-based conviction can involve reviewing multi-thousand-page trial transcripts, investigating Brady material, interviewing trial counsel, researching circuit and Supreme Court precedent, and drafting briefs that run 50 pages or more — all before any evidentiary hearing. We price our engagements to allow the depth of work these matters require, rather than quoting a lower number we cannot deliver on. Many firms quoting lower flat fees either bill hourly once the initial retainer runs out or staff the matter at levels that do not produce high-quality work. We do neither.
Do You Handle Federal Cases Nationwide?
Yes. Elizabeth Franklin-Best, P.C., is physically located in Columbia and Mount Pleasant, South Carolina, but the firm’s federal post-conviction practice is nationwide. We regularly appear in federal district courts across the country, in all federal circuits, and before the United States Supreme Court. Where local counsel is required by local rule, we coordinate directly.
What If I Were Represented By Another Attorney And The Case Was Mishandled?
Ineffective-assistance-of-counsel claims are a core part of our § 2255 practice. The fact that prior counsel made errors is often the reason clients contact us. Case reviews in these matters typically fall on the higher end of the review fee range because they require careful reconstruction of the trial-level decision-making and coordination with trial counsel where possible. The $10,000 case review fee for plea-based § 2255 and $15,000 case review fee for trial-based § 2255 matters reflect this.
Can I Retain The Firm For Both Legal Representation And Prison Consulting Services?
Yes, and many clients do. Elizabeth Franklin-Best, P.C., is unique in offering both federal criminal defense and federal prison consulting under one roof, with coordinated strategy between the two practice areas. Legal representation and consulting services are priced separately, but concierge prison consulting clients receive seamless coordination with the firm’s attorneys when legal filings are required. [See our federal prison consulting fees page](/federal-prison-consulting-services/fees/) for consulting pricing.
Will Elizabeth Franklin-Best Personally Handle My Case?
Elizabeth personally handles substantive work on every engagement. Our boutique size is intentional — we accept a limited number of matters each year specifically so that substantive work is done by senior attorneys, not junior associates billing training time. You will know from the engagement letter exactly who is handling your matter and at what level.
What Happens If I Want To End The Engagement Mid-Matter?
Flat fees are earned over the course of the engagement based on the scope of work completed at the time of withdrawal. The engagement letter specifies the scope of the representation and the circumstances under which fees are considered earned. Clients retain the right to terminate the attorney-client relationship at any time, as permitted under each state’s rules of professional conduct, and any earned portion of the flat fee is determined in accordance with those rules.
Contact A Federal Criminal Defense & Post-Conviction Lawyer At Elizabeth Franklin-Best, P.C. Today
If your or your loved one’s federal case has gone sideways — through a bad plea, a lost trial, a sentencing error, or a system that simply moved too fast — the path back is narrow and time-sensitive. Federal post-conviction law is one of the most technically demanding areas of American legal practice, and the consequences of getting it wrong are measured in years of someone’s life.
Elizabeth Franklin-Best, P.C., exists to handle these matters seriously, at the depth they require, for a defined and published fee. The $400 consultation is the most efficient way to find out whether we are the right firm for your situation.
