Sunday, March 10, 2013

Is Your Attorney Really an Attorney?

Recently a friend of mine found herself in a difficult situation.  It seemed that her "attorney" was doing everything wrong.  She shared that he was overbilling her for IEP meeting atendance, he was asking the district for things for her son that were not justified.  He requested a Non-public school when that is not what the parents wanted and not what was recommended in the IEEs that the district had paid for.  We began to ask a question, was this guy truly an attorney?  A question that should have been asked at the beginning of the search for an attorney.  But he had led us to believe he was an attorney, when the word attorney was mentioned, he did not deny that he was an attorney, he spoke at training meetings and it was at the very least inferred that he is an attorney.  Well, it turns out he isn't an attorney.  How did we find out?  We went online to the state bar associateion website, put his name in, and you guessed it, he is not listed as an attorney with the California Bar Association.

In the future, if I have any dealings with any attorney on any issue, I will go to the website and find out if they are indeed listed as an attorney in my state.  For California that site is Calbar.org.  Every state will have their own website, but if you are paying for an attorney I would want to be sure that the person is indeed an attorney.

PWN - What, Why, and How it Can Benefit You

PWN tells you a lot.  If the district has real reasons for their denial of a service it wil be included.  If they don't have any good reasons to deny your child a service, such as budget constraints or just because they can (in their opinion), then it is your green light to go the next step - either a compliance complaint or an Alternate dispute resolution, Mediation only, or Due process request.

http://www.specialeducationadvisor.com/using-prior-written-notice-as-a-tool/comment-page-1/#comment-105321