Navigating Better Legal Partnerships

Navigating Better Legal Partnerships
A Guide for Chief School Business Officials

By Anton J. Inglese, Ph.D., SFO, CETL
Assistant Superintendent/CFO
Batavia USD 101

Strategies for Effectiveness, Collaboration and Cost Management
In today’s complex educational landscape, the relationship between school districts and their legal counsel is more critical than ever. This article offers insights from attorneys Brittany Flaherty-Theis and Justin Petrarca to help chief school business officials (CSBOs) evaluate and enhance this collaboration. 

1. Legal Expertise in Education
The legal landscape in education is vast, covering a multitude of issues from special education law to school finance. Given the breadth of legal challenges school districts face, it’s imperative that their legal counsel possess not only a deep understanding of general legal principles but also specialized knowledge in education law. Their expertise is crucial for providing accurate and effective legal advice tailored to the unique needs of each school district.

For example, a school district facing a lawsuit related to special education services would benefit greatly from a law firm with a strong background in the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. Similarly, a district navigating labor disputes would require a firm well-versed in employment law and collective bargaining agreements.

Additionally, a district that encompasses a large power plant or high-value industrial properties would require expertise in property tax law to navigate the complexities of tax assessments and appeals. This specialized knowledge is essential for ensuring that the district receives fair property tax revenues, which can significantly impact its budget and financial stability.

2. The Value of Comprehensive Services
While a broad range of expertise is necessary, not all law firms can meet the full spectrum of legal needs of a school district. The ideal legal partner offers comprehensive services, covering all the various facets of education law. This holistic approach simplifies the legal process for school districts, ensuring consistency in legal advice and strategy across different issues. However, if this is not feasible, prioritizing firms with strengths in critical areas is essential.

In practice, this might mean selecting a firm that not only provides litigation support but also offers guidance on policy development, contract negotiations and compliance with federal and state regulations. The ability to access a wide range of legal services under one roof can save time and resources for the district.

3. Proactive Problem-Solving
The ability of a law firm to proactively address legal issues is invaluable. This proactive approach relies on the firm’s deep understanding of the district’s history, culture, values and strategic objectives. By having a comprehensive grasp of the district’s context, a law firm can offer tailored legal advice that aligns with the district’s broader vision and anticipates potential legal challenges.

A proactive law firm might regularly review the district’s policies and procedures to identify areas of potential legal risk, suggest updates to comply with new laws and regulations and provide training sessions for administration on relevant legal topics. This proactive stance can prevent legal issues from escalating and save the district time and money in the long run.

4. Effective Communication and Responsiveness
Clear communication and timely responsiveness are key components of a successful legal partnership. Establishing clear expectations for response times, communication channels and regular updates ensures that the district receives effective legal support in a timely manner. Open dialogue about priorities and deadlines is crucial for maintaining an efficient and productive working relationship.

It’s important to note that most matters are not urgent and may not require an immediate response. However, for non-urgent matters, setting reasonable response time expectations is still important to ensure that legal issues are addressed in a timely manner and do not impede the district’s operations. For instance, the district and the firm might agree on a protocol for urgent legal matters, ensuring that the district can reach the firm outside of regular business hours in case of emergencies, while also establishing standard response times for 
routine inquiries.

Regular check-ins and progress reports can also help keep the district informed and involved in ongoing legal matters, fostering a sense of collaboration and transparency between the district and the firm.

5. Navigating Costs and Billing Practices
Understanding the financial aspect of your legal partnership is crucial. Billing practices should be transparent and fair, providing sufficient detail for managing costs and budgets effectively and include a running total for all open matters. Regular reviews of billing will ensure that the district is receiving value for the services provided and that the financial relationship remains sustainable.

CSBOs should not shy away from discussing billing rates, retainer agreements and potential discounts for volume or long-term partnerships. Transparent conversations about costs can help prevent surprises and ensure that the legal services align with the district’s budgetary constraints.

6. Embracing Professional Development
Professional development opportunities provided by your law firm are invaluable for enhancing the legal knowledge and practices of your staff. Workshops, seminars and other educational initiatives contribute to a more informed and proactive approach to legal issues, empowering administrators to identify potential legal pitfalls and take preventive measures.

For example, a firm might offer annual seminars on changes in education law, workshops on handling student discipline issues or webinars on data privacy and security. These opportunities not only keep the district’s staff informed but also foster a collaborative relationship between the district and firm.

7. The Role of Professional Associations
The involvement of your law firm in professional associations such as the National School Attorneys Association can be a sign of the firm’s commitment to staying current in the field and maintaining high professional standards. This active engagement in the legal community can enhance the firm’s ability to provide up-to-date and informed legal advice.

Membership in professional associations often provides access to a wealth of resources, including legal research, continuing education programs and networking opportunities. These resources can be invaluable to a law firm in staying abreast of legal developments and best practices in education law.

8. Navigating the Three-Way 
Relationship Between the School Board, Administration and Legal Counsel
The dynamic between the school board, administration and legal counsel requires careful navigation, with a clear understanding that attorneys represent the board, not the administration. Here are some strategies for managing this relationship:

  •  Regular Communication: Establish open lines of communication among the board, administration and legal counsel to ensure that everyone is on the same page regarding legal matters.
  • Clear Definition of Roles and Responsibilities: 
  • Clarify that the legal counsel represents the interests of the school board. The administration should understand that while they work closely with legal counsel, the attorneys’ primary duty is to the board.
  • Board Involvement in Significant Legal Decisions: The school board should be involved in major legal decisions, ensuring that legal advice aligns with the board’s policies and directives.
  • Joint Training Sessions: Organize joint training sessions for the board, administration and legal counsel to foster mutual understanding and respect for each other’s roles and responsibilities.
  • Comprehensive Record-Keeping: Maintain detailed records of legal advice, decisions and actions taken, which can be referenced by the board, administration and legal counsel when needed.
  • Respect for Professional Boundaries: Encourage respect for the professional boundaries between the board, administration and legal counsel. This includes understanding the distinct roles each plays in the district’s governance and operations.
  • Alignment of Legal Advice with Board Policies: Ensure that legal advice and decisions are consistent with the board’s policies and the district’s strategic objectives.
  • Fostering Mutual Respect: Cultivate a culture of mutual respect among the board, administration and legal counsel. This can lead to more effective collaboration and a productive partnership.
  • Effective management of this three-way relationship is crucial for ensuring that legal advice and decisions support the district’s goals and comply with the board’s policies. A clear understanding of roles, open communication and mutual respect are key to navigating this dynamic successfully.

9. Regular Reevaluation and Negotiation Cycles
Regularly reevaluating your law firm’s performance and the terms of your agreement is essential for ensuring that the partnership continues to meet your district’s evolving needs. Clear evaluation cycles provide structured opportunities for reassessment and adjustment, fostering a dynamic and responsive legal partnership.

This might involve setting annual or biennial reviews to discuss the firm’s performance, the effectiveness of the legal services provided and any changes in the district’s legal needs. These reviews can also be an opportunity to renegotiate terms, discuss cost-saving measures and explore new areas of collaboration.

Conclusion
A strategic and thoughtful approach to your legal partnership is instrumental in advancing your district’s mission. By considering these insights from legal experts and the intricacies of the relationship between the school board, administration and legal counsel, CSBOs can effectively manage the complexities of their legal relationships. The key is to maintain open communication, prioritize proactive problem-solving and foster a culture of continuous learning and improvement.

References
Flaherty-Theis, B. (2024, March 15). Interview on legal partnerships in school districts. Illinois ASBO UPDATE Article Interview.
Petrarca, J. (2024, March 20). Interview on evaluating legal services for school districts. Illinois ASBO UPDATE Interview.

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