When parents disagree with their child’s school about special education or services the student with a disability is receiving, they might consider hiring a lawyer. This may be the first time they’ve ever needed or interacted with an attorney, so they may be overwhelmed and unsure how to decide whether to employ his/her services.
I’ve tried to simplify the process in the following 10 tips for hiring a special education lawyer:
1. Don’t tell your whole story during the first meeting or phone call.
Most special education lawyers have a pretty good idea why you are calling them and have dealt with situations like yours. Don’t expect legal advice because he/she needs to learn your case and an initial meeting is usually not thorough enough to do that. Plus, lawyers like to do legal research before they give advice or opinions. We often want to make sure we know the current law on an issue. All this goes hand-in-hand with . . .
2. Remember that time = $$$$.
Abraham Lincoln famously said, “A lawyer’s time and advice are his stock in trade.” In other words, that is how lawyers get paid. Our knowledge and expertise in legal matters is the value we bring to the table. The fact that you are calling a lawyer indicates you can’t do it without help from someone who understands the legal system. Plus, lawyers have cases other than yours and they must give priority to existing clients, but they will give yours equal priority once you are a client.
3. Shop Around.
I recommend you talk to 2 or 3 lawyers before hiring one of them. Not every lawyer is the same. Ask yourself what you want your lawyer to be – aggressive? inexpensive? passionate? reasonable? Are you going to take the lead in helping your child or do you want the lawyer to take charge? Most importantly, not every lawyer bills fees the same way. It’s always good to compare among choices.
One of the ways to compare is to . . .
4. Research the lawyer.
You’re probably not sure how to do that. There are websites that rate lawyers – Avvo; LinkedIn; Facebook; Yelp – but don’t put a ton of stock in those because lawyers’ friends may be posting the reviews. Look at the lawyer’s credentials – where they went to law school; how long have they been admitted to the bar; how long has he/she been doing special education legal work; what is his/her reputation in the community or with peers; etc. Much of this information you can get on websites, but ask your friends.
Or when talking to a lawyer you’re thinking of hiring . . .
5. Ask about other special education cases he/she has handled.
Lawyers won’t (and shouldn’t) name names of other clients, but they can describe generally the types of other special education cases they’ve handled. Hopefully he/she has dealt with an issue similar to your child’s case. Ask if they won the case or if it settled; ask what the main issue / problem was; ask how hard the battle with the school district was; and ask the highest court they’ve taken a case to.
And because special education law is becoming more about litigation (lawsuits), ask . . .
6. Does the lawyer know about both special education law and litigation?
School districts are fighting harder than ever in special education disputes. In fact, recently a colleague (who is a trial attorney, but not a special education lawyer) commented that he was shocked at how difficult the school district’s attorney was in a case before referring it to me. Yes, it is going to be a hard fight and you need a lawyer who understands legal procedure, evidence, examining witnesses, legal precedent, and how to argue persuasively – on top of knowing special education law.
7. Do you like him/her?
This sounds petty, but it’s not. You need to feel comfortable with your lawyer; not as a friend, but as someone who understands you and what you want for your child. This is a business relationship and just like you want to get along with your plumber, your mechanic, your doctor . . . you want to make sure this relationship is solid.
To make sure that this business relationship goes well . . .
8. Get a contract.
In legal terms, this is a fee agreement. Don’t be afraid to negotiate. Do you walk into a car dealership and just say, “OK, I’ll pay that price for this car with nothing customized to my needs”??? Of course not (or at least you shouldn’t). You also shouldn’t just accept what the lawyer says for the agreement. A fee agreement (also called a retainer agreement) is your contract with your lawyer. You want to make sure that (a) the services are what you want, no more, no less; (b) you understand how fees will be charged and how much; (c) in special education cases, you may be able to recover those fees and if you do, how will they be reimbursed to you; (d) how long the contract shall last; (e) what happens if you fire the lawyer or change lawyers; and (f) what happens if you break the contract. Expect the best, but plan for the worst.
9. Don’t ask the lawyer to work for free.
First, go re-read #2 above. You may have a great case, but you are asking a lawyer to use part of his/her workday to help you with your case. Just like an electrician who charges for the time he/she is at your house to fix the wiring, the lawyer needs to be paid for the time spent working on your case. If you were charged with a crime and needed a criminal defense lawyer, you’d probably find the money to pay him/her to represent you. The same should apply for a special education lawyer who is representing you and your child with a disability. Lawyers have bills, need food, clothes, and some pay college tuition for their children – just like you do. If you have a job, you expect your employer to pay you. You are your lawyer’s employer.
10. Your lawyer should be passionate about special education.
Notice I didn’t end that sentence with “law”. Your lawyer should understand that the ultimate goal is to help with your child’s education. Are they passionate about helping kids with disabilities? Does he/she have a child with a disability? Ask how and why the attorney got into special education law.
You want to hire a lawyer who is passionate about special education so he/she will be passionate and understanding about your case and your child. That way, you can work as a team to help your child.
I hope these tips help the daunting task of hiring a special education lawyer.