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1. Get as long of a list as you can of all potential attorneys from as many sources as possible.

2. Call each attorney and see what you hear. If an attorney gives you a complete prescriptive answer over the phone, you may want to move on. The reason I say this is that in my opinion it is very difficult to give more than a thumbnail idea of a child's rights over the phone without having heard the full story and read the child's complete educational file.

3. Find out if the attorney has handled special education cases before and how many have gone to hearing. Ask for a copy of any recent decision the attorney has achieved on behalf of a client so you can get an idea of how the attorney approaches a case. I wouldn't necessarily exclude someone just because they have not had a special education case before as there are many competent attorneys out there who haven't. If an attorney hasn't handled a special education case before, I would, however, expect the attorney to be up front with the client about that.

4. Ask the attorney to give you a written retainer agreement if one is not offered. This is a written agreement on what the attorney will do and what you will pay. I cannot emphasize enough how important it is to have a written retainer agreement. A written retainer agreement can help the attorney-client relationship begin smoothly and continue on an evencourse. If the expectations you have and the expectations the attorney has are set forth in writing, each can turn to this document to help resolve any questions along the way.

5. Ask the attorney for any handouts or information on special education law. If none are offered, chances are they may be new to the area. I am not sure I would insist that an attorney have IDELR books in their library because some attorneys use other subscription services. You could ask about common treatises such as books by Reed Martin, by Tucker and Goldstein, Weber, etc. Ask if they know the Rowley decision or not. You would be surprised how many people tell me that folks beginning to take these cases don't know Rowley, which was the first case on special education heard by the United States Supreme Court in 1982.

1. Talk to the attorney. Explain your concern. Try to understand where the attorney is coming from. Ask if the attorney has any problem with your getting a second opinion from someone else in the field. This seems like such a common sense solution but it is always amazing to me when people do not first try to talk to their attorney.

2. You may wish to get a second opinion. Ethical requirements must be followed in this process. If a second opinion is sought by an attorney and his/her client, what I sometimes find is that the client and the attorney have a different idea of the objective of the case. Success is more likely when the attorney and client have the same objective.

Ms. Kerr practices in the State of Minnesota. This information is intended as general advice only and is not intended as legal advice for a particular situation. Consult an attorney in your local area for specific legal advice consistent with your state.

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