Fee Arrangements:
IDEA is a federal law containing a “fee-shifting” provision, which means that if a parent files a request for an impartial hearing (“due process hearing”) and successfully settles or litigates the matter conclusively, the Department of Education is obligated to pay the parent’s attorney fees.
Irene charges her fees based on the amount of time spent on a case. A case which settles quickly can cost a total of approximately $3,000 to $4,000. A due process request which goes all the way to hearing can cost over $20,000 in fees alone. If that case goes to appeal in federal court those costs can easily double or triple before it’s over.
Irene requests a retainer of $2,000 towards fees and costs (and an additional $1000 if neighbor island travel is involved). All of it is refundable to the parents provided they prevail at hearing/upon appeal. After the initial $2,000 has been expended, Irene continues the case on a contingency basis. If payment in full of the retainer would cause a financial hardship for the family, arrangements can be discussed to break it into monthly payments. In cases of extreme hardship, a complete waiver of the retainer fee may be possible.
The fee-shifting provision does not cover attendance at IEP meetings or resolution sessions or, in most cases, mediation. It is possible to make arrangements with Irene to pay an agreed upon set fee, or an hourly fee, if you wish to engage her representation for these limited matters.