A mandamus lawsuit can be an essential step if you are facing an unacceptably slow response from the government on immigration applications, benefits claims, or other types of decisions that are supposed to be made by administrative agencies.
But before you take this path, make sure you have a solid budget worked out so that you can pay for the costs associated, because it might take a while to resolve your legal issues.
Here, then, is a comprehensive financial guide for planning your path through a mandamus lawsuit. Read here: What Are the Costs Involved in Filing a Mandamus Lawsuit?
Understanding a Mandamus Lawsuit
A lawsuit of mandamus is a legal action in which one files in federal court to make a governmental agency act on an issue that it has been delaying for an “unreasonable” period of time. Unreasonable, of course, is in the eye of the beholder.
While mandamus doesn’t guarantee a favorable decision at the end of the line, it does ensure that the agency will ultimately process the application or request originally made by the plaintiff that led to the filing in the first place.
Key Costs Associated with a Mandamus Lawsuit
The costs associated with a mandamus lawsuit differ based on the lawsuit’s intricacy, the jurisdiction in which it is filed, and the legal representation obtained.
Primary Legal Costs
- Attorney Fees
- Court Filing Fees
Additional Legal Costs
- Legal Fees for Consultation
- Costs for Document Preparation and Copying
- Service Fees
- Expert Witness Fees (if applicable)
Additional Financial Considerations
Potential Reimbursement of Legal Fees
Occasionally, a court will tell the government to pay back the legal costs when the agency loses the suit. But don’t count on that happening. Include in your budget the expectation that you will pay all your expenses.
Payment Plans and Financial Assistance
Some lawyers provide flexible payment plans to assist clients in managing the expenses of litigation.
Furthermore, nonprofit organizations and pro bono legal services may provide help for individuals with limited finances.
Risk vs. Reward Analysis
Consider the financial costs and benefits before you file a mandamus lawsuit. If you win the lawsuit, you might receive a decision on your application much sooner than you would if you waited indefinitely to receive such a decision. But if you lose, you will have wasted your investment in legal fees and court costs.
Budgeting Tips for a Mandamus Lawsuit
Start Saving Early
If you see a mandamus lawsuit in your future, start putting away money right now. Even tiny contributions made over a long stretch of time can ensure that you’ll have something to work with when the time comes to file.
Compare Attorney Fees
Seek the opinions of several attorneys to establish a range of fees and services. Get the advice of a diverse field of attorneys, so as to get a balanced view.
And remember, successful attorneys are much more likely to take on your case if you can pay the upfront fees.
Consider Alternative Dispute Resolution
Explore informal advocacy possibilities, such as congressional inquiries or administrative appeals, to resolve the delay before proceeding with a lawsuit.
Maintain a Financial Cushion
The legal process can often present unexpected expenses, so maintain an emergency fund to cover any extra costs that might crop up.
Read Here: What Are the Costs Involved in Filing a Mandamus Lawsuit?
A mandamus lawsuit can serve as a strong legal tool to deal with government delays, but it takes careful financial planning to use it. If you understand the costs that you will incur, carefully explore the options that you have for paying those costs, and live within a budget that makes this option available to you, then you are ready to make the financial commitment that is necessary to file a mandamus lawsuit.
You will also be in a position to better handle the legal process with less stress, assuming that you partner with a reputable attorney experienced in immigration law.
