Special education attorney - contingency basis

[Anonymous]

Has anyone ever hired a special education attorney or advocate for due process on a contingency basis (payment would be made if there is a favorable outcome)? If so, which attorney/advocate?

[Anonymous]

Where are you? In MCPS probably unlikely you could find someone as most due process cases are lost.

[Anonymous]

PP here and if you are in D.C. you may want to try the Children's Law Center. They may have some advice.

If you meet certain income requirements I believe the fees are reduced.

[Anonymous]

Most cases don't involve damage awards.

[Anonymous]

OP here. I was wondering if there would be a contingency if a private school is approved then the parents would pay the attorney a set fee. It is MCPS.

[Anonymous]

Anonymous wrote:OP here. I was wondering if there would be a contingency if a private school is approved then the parents would pay the attorney a set fee. It is MCPS.

You are not going to find a decent attorney willing to do this. Contingency fee arrangements work b/c there is a promise of a big payday at the end. If there is no big pot of money at the end of a case, then attorneys charge a flat fee or an hourly rate. You are asking the attorney to shoulder all the risk of loss when she/he should be paid for work regardless.

[Anonymous]

Be aware that in Maryland parents lose ~90% of the time.
And even if parents win, MCPS often refuses to pay attorney fees, meaning that you have to hire ANOTHER lawyer to sue MCPS for attorney fees!

Contingency fees work in personal injury cases where the lawyer has a reasonable expectation of a damage award-and gets a percentage of that award as his/her fee. I have never heard of a lawyer taking a special Ed case expecting payment only if the family prevails. You might have better luck trying to get a law student in an education law clinic, if there is such a thing in MD somewhere.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP here. I was wondering if there would be a contingency if a private school is approved then the parents would pay the attorney a set fee. It is MCPS.

You are not going to find a decent attorney willing to do this. Contingency fee arrangements work b/c there is a promise of a big payday at the end. If there is no big pot of money at the end of a case, then attorneys charge a flat fee or an hourly rate. You are asking the attorney to shoulder all the risk of loss when she/he should be paid for work regardless.

Right. If the most the lawyer can hope for is to simply get paid her usual fees for her work, why would she take on the case? What would happen in your scenario if you don't prevail- the lawyer doesn't get paid? That doesn't exactly seem compelling for any potential lawyer, does it?

[Anonymous]

I am a lawyer transitioning into the special education field, being mentored by a more experienced special ed lawyer. I may be able to help you at low or no cost. Email me at helpwithspecialeducation [at] gmail [dot] com.