Do You Get Attorney’s Fees if You Win a Mandamus Case?

Introduction

Have you ever felt like winning your case should mean more than just getting what you asked for? Maybe it should also mean getting back some of the money you spent fighting for your rights. If you’re considering or have already won a mandamus case, you’re probably wondering: “Can I recover my attorney’s fees?” Let’s break it down together and see how this important question plays out in real life.

Understanding Attorney’s Fees

First things first: what are attorney’s fees? They’re the costs you pay your lawyer for handling your legal case. Sometimes, the law lets you shift these fees to the other side—especially if you’ve been unfairly dragged into litigation or the other party broke the rules.

Imagine hiring a mechanic to fix a mistake someone else caused in your car. Shouldn’t the person who caused the damage pay? That’s the basic idea behind fee shifting in lawsuits.

General Rule on Attorney’s Fees in Litigation

In the United States, we follow what’s called the “American Rule.” This means, by default, each party pays their own attorney’s fees, win or lose. Sounds harsh, right?

But don’t lose hope! There are important exceptions to this rule. Some statutes let winners recover their fees, especially when the losing party acted improperly or unfairly.

Attorney’s Fees in Mandamus Cases

Mandamus cases are a special breed. You’re asking a court to force a government agency to act when it unlawfully delays or refuses to do something. But guess what? Winning doesn’t automatically mean you’ll get attorney’s fees unless you meet specific legal requirements.

These requirements are like hidden keys—you have to know where to find them and how to use them.

When You Can Recover Attorney’s Fees in a Mandamus Case

So, when do you get lucky and recover your costs?

• Statutory Exception: If a statute like the Equal Access to Justice Act (EAJA) applies.
• Government Bad Faith: If you prove the government acted in bad faith (for example, by intentionally delaying your case without reason).
• Prevailing Party: If you are officially considered the “prevailing party” under the law.

Winning a battle isn’t enough—you must win the right way under specific rules!

When You Cannot Recover Attorney’s Fees in a Mandamus Case

Sometimes, even if you win, you can’t claim your fees. Sad but true.

• Partial Relief: If you only win a small piece of what you asked for, you might not qualify for fees.
• Government’s Substantial Justification: If the government had a reasonable, even if mistaken, basis for its action or inaction, fees might be denied.

The Role of the Equal Access to Justice Act (EAJA)

The EAJA is a game-changer. It allows individuals who win against the federal government to recover attorney’s fees if the government’s position was not substantially justified. But be warned: the burden is on you to show you qualify.

Key EAJA rules:

• You must be the “prevailing party.”
• Your net worth must be under a certain limit.
• The government’s conduct must lack substantial justification.

It’s like having a secret weapon—but only if you know when and how to use it!

Practical Steps to Request Attorney’s Fees

If you think you qualify, here’s your roadmap:

1. File a motion for attorney’s fees promptly after winning.
2. Document everything related to your legal costs.
3. Demonstrate that you meet EAJA or statutory requirements.
4. Show why the government’s actions were not substantially justified.

Deadlines matter—miss them, and you might lose your chance forever. It’s like missing your train by two minutes and watching it speed away!

Strategic Considerations

Pursuing fees is generally not the goal of those filing a mandamus petition against USCIS.

If USCIS adjudicates your case once they are served the mandamus petition, you should not seek fees. More importantly, most courts will not award attorney’s fees against the government if USCIS decides to adjudicate a case and moot your Mandamus petition.

Conclusion

Winning a mandamus case feels great—but getting your attorney’s fees covered feels even better! While it’s not guaranteed, knowing the rules (and acting fast) can put you in a powerful position.

Legal deadlines are like ticking time bombs. The earlier you move, the more doors stay open. If you’re thinking about a mandamus case—or you’ve already won—reach out for help today before the clock runs out!