Advocacy

Massachusetts Advocates for Children (MAC) Overcoming Together Annual Event

Massachusetts Advocates for Children (MAC) Overcoming Together Annual Event

Wong & Boscarine are proud to be early sponsors of the Massachusetts Advocates for Children (MAC) Overcoming Together annual event. MAC is a nonprofit children's advocacy organization that works with students, families, communities, and at the policy level to remove barriers to education for children across Massachusetts.

Advocate vs. Attorney - What's the Difference?

I'm frequently asked this question and think it's important for parents to understand the difference.  I do not mean to imply attorneys are always the better choice.  Not at all!  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.       Not just anyone can be an attorney.   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 Massachusetts, 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 finds 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.  

Q & A: School Discriminating Against Child with ADHD?

Q & A: School Discriminating Against Child with ADHD?

How do I pursue litigation for discrimination in the school against my son who has ADHD? My son is diagnosed with ADHD. We recently moved into a new state/school system. He is currently under a 504 plan, but the school refuses to follow it and issues punishments for actions that are due to his disability without any discussion with us (the parents).

Attorney Wong to Discuss the Role of Discovery at the BSEA Before the Coalition to Defend Special Education

Attorney Wong to Discuss the Role of Discovery at the BSEA Before the Coalition to Defend Special Education

On October 27, 2016, Attorney Lillian Wong and Attorney Eileen Haggerty, a partner at Kotin, Crabtree and Strong, LLP in Boston, will present to the Massachusetts Coalition to Defend Special Education.  The Coalition is a major initiative of the Massachusetts Advocates for Children (“MAC”) and is comprised of over 400 parents of children with disabilities, advocates, and special education attorneys in the public and private sector.     

5 Reasons You Shouldn't Hire a Special Education Attorney

5 Reasons You Shouldn't Hire a Special Education Attorney

A lot of my potential clients really don't need a special education attorney and I'm not reluctant to tell them. Does that make me a bad business person? I don't think so. Clients who aren't ready for legal representation are more likely to be unhappy with the experience.

So, what are indicators you aren't ready to hire an education attorney?