Scope of Representation for IEP Advocacy:
[Name of Attorney or Legal Organization] will provide legal representation to [Name of Client] as the client subject to the terms of this Retainer Agreement and limited in scope to the following: Special education advocacy for my child, [Name of Student]. The representation includes advocacy before the [Name of School District or LEA] during the 20XX-20XX school year for the development and implementation of an IEP designed to provide a Free and Appropriate Public Education (FAPE). The retainer does not cover the filing or litigation of administrative complaints, hearings, or civil law suits.
Scope of Representation for Special Education Eligibility Advocacy:
[Name of Attorney or Legal Organization] will provide legal representation to [Name of Client] as the client subject to the terms of this Retainer Agreement and limited in scope to the following: Educational advocacy to assist with the process of obtaining special education eligibility for my child [Name of Student] from [Name of School District or LEA]. The representation includes requesting an initial special education evaluation and advocacy at eligibility and evaluation team meetings but does not include advocacy at IEP meetings if found eligible or the filing or litigation of administrative complaints, hearings, or civil law suits to challenge determinations of ineligibility.
Scope of Representation for Advocacy in School Discipline Proceedings:
[Name of Attorney or Legal Organization] will provide legal representation to [Name of Client] as the client subject to the terms of this Retainer Agreement and limited in scope to the following: Advocacy challenging the disciplinary action taken by [Name of School District or
LEA] taken against my child [Name of Student] for an alleged incident that occurred on or about [Date of Incident]. The representation includes informal advocacy and advocacy at the expulsion hearing and Manifestation Determination hearing but does not include appeal of an expulsion decision or result of a Manifestation Determination hearing or litigation in state or federal court.
Scope of Representation for Due Process Hearing Litigation:
Name of Attorney or Legal Organization] will provide legal representation to [Name of Client] as the client subject to the terms of this Retainer Agreement and limited in scope to the following: Filing a request for a due process hearing against [Name of School District or LEA] for past and ongoing violations of special education law and regulations involving my child, [Name of Student]. The representation includes litigation of the due process proceedings but does not include appeal of the due process hearing decision or litigation in state or federal court.
Conflict of Interest for Dual Representation:
I understand and agree that [Name of Attorney and/or Legal Organization] represents my child, [Name of Student], in a separate, pre-existing matter and owes all of the ethical duties associated with an attorney-client relationship to my child as a result. I understand and agree that a disagreement between my child and me regarding the goals of representation, including whether or not to accept, reject, pursue, or enter into settlement regarding any particular educational service(s), placement(s), or modifications, may constitute an unreconcilable conflict of interest. If such conflict cannot be resolved with the help and advice of counsel, I understand and agree that [Name of Attorney and/or Legal Organization] will be unable to pursue the legal matters pertaining to any educational issues involved in the conflict and will subsequently discontinue representation on my behalf.1
Attorneys’ Fees Provision
I agree that [Name of Attorney and/or Legal Organization] may take all necessary steps to seek an award of attorneys’ fees by settlement or court order. I authorize [Name of Attorney and/or Legal Organization] to accept and retain any attorneys’ fees that are awarded by a court, included as part of a settlement agreement, or paid by an opposing party as a result of this representation. I agree that opposing parties will be directed to pay any costs and attorneys’ fees directly to [Name of Attorney and/or Legal Organization].
- 1Adapted from a Sample Retainer Agreement developed by the Juvenile and Special Education Law Clinic of the U.D.C. David A. Clarke School of Law for the representation of a parent in the special education matter of a child client.