Reichbach on Conflicts and Client Autonomy When One Sues For Educational Reform

Posted by Alan Childress
Amy Reichbach (a 2005 law grad of Boston College and apparently a clerk for the U.S. District Court in Boston) has posted to SSRN her article: “Lawyer, Client, Community: To Whom Does the Education Reform Lawsuit Belong?”  Here is her abstract:

        Important education reform litigation isoften undertaken by lawyers with admirable intentions. It is too easy,however, particularly in the context of large, enduring, complexlitigation where it is difficult to identify the class, much less nameand pursue the class’s goals, to lose sight of the client-lawyerrelationship and the significance of client autonomy.
        Several recentlawsuits concerning the enforceability of No Child Left Behindexemplify issues that arise in class representation. In devising legalstrategies, lawyers must balance the need to address clients’ immediateproblems with the pursuit of longer-term strategies for change, such asorganization and mobilization. It is difficult work, but only throughcareful attention to relationships with and among clients andcommunities will lawyers participate effectively in achievingmeaningful education reform.