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.
