Many parents think lawyers are a luxury that only the wealthy can afford. However, Special education law recognizes that the cost of attorney fees may limit a parent from pursuing their child’s rights under the Individuals with Disabilities Act. Therefore, the law provides for the parent’s recovery of attorney fees if the parent prevails in the dispute. The purpose of this provision is to provide parents with access to skilled legal representation regardless of their wealth.

What does this mean?

Because of the “Attorney Fee Recovery” provision, special education attorneys will often work with clients on limited incomes. In some instances, no fees are collected until the case is over. In other cases, an attorney may ask for a small advance, called a retainer. The remaining attorney’s fees may be contingent on the outcome of the case. The attorney is taking a risk based on their assessment and confidence that the issues can be resolved in your favor so that fees are recoverable from the school district. In this situation, a parent’s exposure to attorney’s fees is minimized and it shows you’ve hired an attorney who believes in your child’s case. Your case may be one that SLF will litigate under the Attorney Fee Recovery Provision. The”Attorney Fee Recovery” provision of the IDEA allows you to recover your reasonable attorney fees from the school district if you prevail at due process.

So…. Before concluding you are unable to afford an attorney, give us a call at (919) 645-5740.