In educational advocacy, an attorney generally communicates with and sends requests directly to school officials on behalf of a client unless the LEA is represented by counsel with regard to the matter that is the subject of the communication. Some LEAs are quicker than others to bring in general or retained counsel on a particular matter. To avoid concerns regarding communicating with represented parties, the attorney representing a parent or student should consider including language in the initial outreach to school officials asking to be informed if the LEA is represented by counsel with whom the attorney should be communicating regarding the matter.1 The expectations and practices regarding when to begin communicating with an LEA’s counsel should become more clear once an attorney gains experience advocating in a particular school system or charter organization.
- 1See La. R. Prof’l Conduct 4.2.