Handicapped Advocacy: Inherent Barriers and Partial Solutions in the Representation of Disabled Children

Handicapped children have long had difficulty in obtaining effective legal representation. This Article first identifies the factors that have rendered such representation complex and problematic, then enumerates several responsibilities that must be undertaken by an effective advocate in this field. These duties include the duty to consult with the client, his or her caretakers, and outside consultants; the duty to identify and resolve conflicts among clients or between the attorney and his or her clients; and the duty to negotiate actively with adversaries and concerned nonparties. The Article reviews current and proposed A.B.A. Codes of Professional Responsibility and concludes that they neither adequately address the difficulties of representing handicapped children nor ensure effective and responsible representation