Lawyer, Client, Community: To Whom Does the Education Reform Lawsuit Belong?

28 Pages Posted: 18 Feb 2007  

Amy M. Reichbach

University of Massachusetts School of Law Dartmouth; Committee for Public Counsel Services Children & Family Law Division; Boston College - Law School

Abstract

Important education reform litigation is often undertaken by lawyers with admirable intentions. It is too easy, however, particularly in the context of large, enduring, complex litigation where it is difficult to identify the class, much less name and pursue the class's goals, to lose sight of the client-lawyer relationship and the significance of client autonomy. Several recent lawsuits concerning the enforceability of No Child Left Behind exemplify issues that arise in class representation. In devising legal strategies, lawyers must balance the need to address clients' immediate problems with the pursuit of longer-term strategies for change, such as organization and mobilization. It is difficult work, but only through careful attention to relationships with and among clients and communities will lawyers participate effectively in achieving meaningful education reform.

Keywords: No Child Left Behind, education reform, structural reform, complex litigation, class action, client-centered, public interest law

JEL Classification: I20, I28, K41

Suggested Citation

Reichbach, Amy M., Lawyer, Client, Community: To Whom Does the Education Reform Lawsuit Belong?. Boston College Third World Law Journal, Vol. 27, pp. 131-158, 2007. Available at SSRN: https://ssrn.com/abstract=963631

Amy M. Reichbach (Contact Author)

University of Massachusetts School of Law Dartmouth ( email )

333 Faunce Corner Road
North Dartmouth, MA 02747-1252
United States
508-985-1126 (Phone)

Committee for Public Counsel Services Children & Family Law Division ( email )

221 Main St.
Brockton, MA 02301
United States
(508) 580-5635 (Phone)

Boston College - Law School

885 Centre St.
Newton, MA 02458

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