10 questions to ask before you hire an education lawyer

You are considering hiring an education lawyer? First let us start by saying, sorry to hear this; people rarely search for an education lawyer when everything is going well. But that’s the nature of the education law game.

So you don’t feel alone, here are some of the common reasons folks seek out an education lawyer. Our guess is that your situation will fit within one of these bullets (but probably more than one).

  • You have been begging for extra services for your child, but the school has ignored your pleas for help.

  • You have asked the school to evaluate your child, but the school has ignored the request or outright refused to evaluate.

  • Your child has been disciplined inappropriately.

  • Your child faces expulsion, but the school is saying that if you withdraw your child they will drop the expulsion charges (this is NEVER a gift - don’t fall for it!).

  • Your child has been the victim of bullying or assault by peers or staff.

  • Your child has an IEP, but the IEP is barely being followed, if at all.

  • Your child has a 504 plan, but the 504 plan is being ignored.

  • Your child should have an IEP in place, but the school hasn’t stepped up.

  • Your child has been excluded from field trips or other extracurricular activities. Or the school is forcing you to attend a trip with your child instead of providing a 1:1 assistant.

  • Your child requires 1:1 assistance, but the school has refused.

  • The public school just isn’t working and all signs point to a private placement as the appropriate placement option for your child.


Do one or more of these hit close to home? Most likely if you’re on this site. So now what? You’re ready to take action against your school district. You’re ready to engage an education lawyer. But you want to do your due diligence. Here are the 10 questions you must ask before you hire an education lawyer.

  1. Is the attorney experienced in education law?

  2. Does the attorney have a winning history in due process?

  3. Is the education lawyer aggressive enough to take on a large and powerful school district?

  4. Does the education lawyer have experience with cases with similar fact patterns to my own?

  5. Does the attorney have appellate experience? (If the case must be appealed, is your attorney comfortable in federal court?).

  6. Does the education lawyer want to meet my child?

  7. Where is the education lawyer located?

  8. How much does it cost to retain an education lawyer?

  9. Does the education attorney provide free consultations?

  10. Am I ready to stop taking “no” for an answer from my school district and prepared to fight back?

Are you ready to take the next step and bring an education lawyer into your corner against your school?
If so … give the Education Lawyers at Montgomery Law a call at

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