For those who have donated in the past to our fundraising campaign to be ready to fund various phases of potential impact litigation, or for those who are considering donating, we thought you might like to know exactly what expenses we are collecting funds for in each phase.

There are 3 phases of a lawsuit: pleadings, discovery, and trial. In summary, each lawsuit requires a lot of skilled labor and often some very expensive costs. GALDEF’s current three-phase campaign is predicated on a potential legal case that alone could cost about $100,000. Depending on the complexity, some legal cases can ultimately cost up to $500,000.

Impact litigation challenging newborn circumcision could be initiated on any number of fronts, including constitutional guarantees of equal protection, challenging parental rights, exposing consumer fraud (e.g.,Medicaid), and so on. Such litigation will require deep pockets. We can meet our fundraising goals for each phase through a combination of support from many people giving small amounts and a small number of people donating large amounts.

Phase 1: Pleadings

This initial phase covers everything required to formally initiate the lawsuit and establish a strong foundation for the case. The key expenses here include:

• Legal research and drafting: Crafting a well-researched and strategically framed complaint is critical, one that cites the right legal theories, anticipate defenses, and ensures that a compelling argument is established from the outset.
• Court filing fees: Each case requires filing fees, which can range from a few hundred to a few thousand dollars, depending on the jurisdiction and complexity of the claims.
• Service of process: Properly serving all defendants can sometimes be straightforward, and in other cases may require the hiring of private investigators or specialized service methods, which adds to costs.
• Preliminary motions: Once the complaint is filed, attorneys often need to respond to defendants’ motions to dismiss, amend pleadings, and ensure that the case is framed in a way that can survive early procedural challenges. This means legal briefing, hearings, and sometimes amending the complaint in response to court rulings.

Phase 2: Discovery

Once the case survives the pleading stage, it moves into the discovery phase, often the most resource-intensive and time-consuming stage of a lawsuit. This phase allows attorneys to gather the evidence necessary to prove their claims and build a compelling case for trial. Expenses here include:

• Depositions: Taking sworn testimony from witnesses, experts, and opposing parties. This can be costly, particularly if court reporters, videographers, or expert witnesses are needed to analyze testimony.
• Document production and review: Many cases involve thousands of pages of documents that must be requested, reviewed, and analyzed. This includes subpoenas, motions to compel production, and database management for evidence.
• Expert witnesses and consultants: Constitutional challenges or impact litigation frequently relies on subject-matter experts, statisticians, medical professionals, economists, or legal scholars to provide expert testimony. Their reports and testimony are often critical to success but come at a high cost.
• Motions and court hearings: Throughout discovery, both sides will file various motions (e.g., motions to compel, protective orders, summary judgment motions), all of which require extensive legal work and court appearances.

Phase 3: Trial

If the case is not resolved through settlement or dispositive motions, it then proceeds to trial, where the stakes and expenses reach their peak. Costs in this phase include:

• Trial preparation: This involves refining the legal strategy, preparing opening and closing arguments, and drafting direct and cross-examinations of witnesses.
• Exhibits and demonstratives: Presenting evidence persuasively to a judge or jury often requires visual aids, exhibits, and trial technology, which can add significant costs.
• Witness travel and accommodations: If key witnesses are required to testify in person, travel and lodging expenses must be covered.
• Courtroom costs: Securing trial transcripts, renting space for war rooms, and handling last-minute filings all add to trial-related expenses.
• Potential appeals: Even after a verdict, there may be additional legal work if an appeal is filed, requiring appellate briefings and additional court appearances.

Why Costs Vary

The total financial needs of each phase depend on several factors:

• The complexity of the case. More legal theories and parties mean more motions, discovery, and expert analysis.
• The aggressiveness of opposing counsel. Some defendants fight tooth and nail to delay and obstruct discovery, requiring additional motions and court intervention.
• The venue and court rules. Certain jurisdictions have more demanding procedural requirements, adding to litigation costs.
• The potential for appeals. If an appeal is anticipated, resources may need to be allocated for post-trial litigation.

Possible taxation of costs. If the initiating party loses the case, the victorious party may insist that the losing party reimburse them for their expenses. In an unsuccessful circumcision-related impact litigation from the 1990s, the courageous attorney who filed and lost a case against newborn circumcision was ordered by the court to repay $60,000 to the defendants’ lawyers. It is GALDEF’s intention to raise funds preemptively to at least partially indemnify such courageous attorneys in the future who risk initiating impact litigation.