Steps A Lawyer Should Take When Evaluating A Mandamus Lawsuit For an Immigration Client

If you’re talking to a lawyer about possibly filing a mandamus lawsuit, here are some things they (the lawyer) should be doing before the lawsuit is started. If these steps are lacking, perhaps look elsewhere:

1. Check if your lawsuit makes sense — Has there been an unreasonable delay? Are you waiting longer than most people? Is there a legal rule about how long the government can take to make a decision? Are you actually allowed to get the benefit you’re trying to get?

2. Figure out the best place to file the lawsuit — This could involve looking at past lawsuits or understanding current trends in how specific US Attorney’s Offices deal with these types of lawsuits.

3. Make sure you know what to expect from the lawsuit and what a win would look like.

4. Make sure you understand any risks that could come with the lawsuit. There’s no promise of winning.

5. Make sure you understand all the possible fee and expenses involved. There should not be any surprises. This should be in writing

6. Check that you have as much proof as possible to back up your story.