How to Select an Advocate

A parent has the right to bring anyone they choose to a CSE meeting. This can include your child’s therapist, a former teacher or just a supportive friend who knows your child. It can also include an attorney or a non-lawyer advocate. And, if you are dealing with issues which were not resolved at a CSE meeting, it may be even more important to have someone assist you.

Most agencies that provide assistance to families dealing with school problems use both lawyers and non-lawyer (“lay”) advocates. We have found that both the lawyers and lay advocates in the agencies we have listed are experienced and effective advocates.

There are also some lay advocates who practice on their own, often social workers or former special education teachers, who provide a range of counseling services and will also act as advocates at a CSE meeting. We have had a more mixed experience with these lay advocates. We would like to hear about your experiences.

There are some excellent advocacy agencies and private attorneys. The agencies generally charge on a sliding scale based on what you can afford to pay. The private attorneys are almost always more expensive, but they will generally work with you to try to make their fees more affordable. You should not hesitate to ask an attorney about fees, which can be hourly, or on a flat fee basis.

You should also ask an attorney about his or her practice. Do they handle just education cases or do they have a broad practice and handle education cases only once in a while? Special Education law is a complex field which requires both a detailed legal background and an understanding of the emotional, financial and other issues faced by families dealing with learning and school problems. Most lawyers who specialize in this field do so because they care deeply about the children involved. We suggest that you select a lawyer who is a specialist in education law.

Some private attorneys will meet with you, without charge, for a discussion about the merits of your case (that is, is there a legal basis to ask for what you want?). Some will charge for this initial meeting which can, on occasion, give you enough information to resolve a problem on your own. Ask in advance about whether there is a fee for an initial consultation.

Once you have decided to work with a private attorney he or she will generally ask for an upfront payment, called a retainer, before beginning work. New York attorneys are required to provide you with retainer agreement or letter setting out in detail what will be involved in handling your case. This agreement should clearly explain fees, what the retainer will and will not cover, and whether the retainer is refundable and, if so, under what circumstances.