Special Education lawyer, contingency

Asked 5 months ago - Monmouth Junction, NJ

I have a need for a lawyer who will take a very strong special education case in central jersey on contingency. The district is out of compliance on many areas and I have an extremely well documented paper trail that supports this. I am looking to file a suit for damages. How do I locate a lawyer experienced in this area who would do this on a contingency basis? Thank you

Attorney answers (2)

  1. William J Popovich

    Contributor Level 18


    Lawyer agrees

    Answered . You meet with a lawyer who decides whether it is something they will take on contingency. Sometimes what seems "very strong" to the client either is not, or does not give monetary damages. Being out of compliance often yields no money - just a directive to go into compliance. In such a case, contingency is not appropriate. But some cases shift fees to the school district. So bottom line, you need to discuss this with an attorney - I know of none who will accept a case sight unseen on contingency.

    This should not be considered legal advice and is intended for educational purposes only. It does not constitute a... more
  2. Donald G. Henslee


    Contributor Level 13

    Answered . You may ask for a due process hearing to determine whether the school district is out of compliance with special education laws and regulations in a manner that negatively affects your child's program. If you are a prevailing party, you may ask a federal court to order the schools to pay your legal fees. There are no damages awardable under this system. For very strong cases, a few attorneys may consider handling your case and depend on the court for payment, or depend on a settlement with the district for payment of fees. This happens often enough that someone may consider taking your case. Talk to several special education attorneys who represent parents.

    If your child has been denied services entirely and you have a very strong case, an attorney may consider bringing a Section 504/Section 1983 claim for damages. These cases are quite rare, but they are sometimes taken on a contingency fee basis.

    If your complaint is about the program ittself, however, you will probably need to pay a private attorney's fees. Each state is, however, required to keep a list of free or low cost legal service providers. Contact your state's education agency for that list.

    This comment is not legal advice and should not be viewed or relied upon as such. I give legal advice only in the... more

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