Parents often wonder whether having an advocate is the same as having an attorney; they?re not. Anyone can be an?advocate, including family members and friends, and there is not knowledge test to demonstrate knowledge of special education law or curriculum.
But if an attorney has no experience with?special education law, I would much prefer working with an experienced advocate. That said, there are some important ways attorneys differ from advocates:
1. An attorney must take the?LSAT, graduate from law school, and pass the?state bar. An attorney must abide by?rules of professional conduct, and can be sued for?malpractice. In most states, the Board of Bar Overseers can revoke or suspend an attorney?s license. Advocates are not subject to any analogous licensing requirements.
2. An attorney?s legal knowledge is more extensive. Advocates may be experts in special education law, but attorneys, by virtue of their law school training and passage of the state bar exam, have a more comprehensive understanding of how other areas of the law affect your situation. Constitutional, criminal, family, and civil legal issues often infiltrate special education cases. For example, schools may press criminal charges against a child with a disability or divorced parents may disagree with each other about the contents of their child?s IEP.
3. An attorney has been trained in oral and written advocacy. Law schools teach legal research, writing, and oral advocacy skills. In my experience, this training is extensive and vigorous. Law school changes the way a lawyer views a problem and a solution.
4. An attorney can represent your case in its entirety. An advocate cannot represent you if the case is appealed to state or federal court.?
5. Hiring an attorney may be more cost effective. While advocates generally charge a lower hourly rate than an attorney, the law provides for the school to pay for parents? attorney?s fees if parents are successful at hearing. Because of this fee-shifting provision, schools? offers of settlement may also include payment of parents? attorney?s fees, but do not usually include an offer to pay advocacy fees.
Read more at ?Advocate vs. Attorney ? What?s the Difference?
Source: http://specialedpost.com/2012/07/29/when-should-parents-get-an-attorney-instead-of-an-advocate/
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