(904) 788-6082

(904) 788-6082

Representing College and University Faculty Members Nationwide 

David Frakt, Esq. Higher Education Lawyer

David Frakt, Esq. Higher Education LawyerDavid Frakt, Esq. Higher Education LawyerDavid Frakt, Esq. Higher Education Lawyer
Schedule Consultation

Representing College and University Faculty Members Nationwide 

David Frakt, Esq. Higher Education Lawyer

David Frakt, Esq. Higher Education LawyerDavid Frakt, Esq. Higher Education LawyerDavid Frakt, Esq. Higher Education Lawyer
Schedule Consultation

About David Frakt, The Professors' Lawyer

Legal Experience

A 1994 graduate of Harvard Law School, David has three decades of experience as a practicing attorney, including a federal appellate clerkship, 23 years of active and reserve service in the Air Force JAG Corps, and a decade in private practice.  A member of the New Jersey and Florida Bars, he is been admitted to practice in several state, federal and military courts. David has practiced in several areas of law, including criminal defense, employment law, and immigration law.  Over the past several years, he has developed a niche practice representing faculty members at colleges and universities around the country on a wide range of issues.  

Academic Expertise


David comes from an academic family, and was a law professor for several years.  He is an accomplished scholar, with numerous publications and many speaking appearances as a guest lecturer, and presenter at conferences and symposia.  He has been actively involved in higher education issues through the non-profit organization Law School Transparency.  He has also been a frequent commentator on matters relating to legal education.   Let David put his expertise as a higher education lawyer to work for you. 

Welcome

I'm glad you found me.

Unfortunately,  disputes occasionally arise between institutions of higher education and the faculty members that they employ, or faculty members face other issues affecting their career in academia.  And sometimes these situations are sufficiently serious or worrying that the faculty member decides to seek legal advice.  I'm sorry if you have found yourself in this situation.  But you have come to the right place.  I'm here to help.


If you are reading this, you probably landed here because you ran a google search for “higher education lawyers,” “attorneys who represent professors,” “lawyers for college and university faculty members,” “tenure dispute lawyers” or some variation on these themes.  If you did run such a search, you probably noticed that there really aren’t that many attorneys who specialize in this area of practice, and perhaps none in your immediate vicinity.  Indeed, over the years, I have fielded calls from professors who could not find any attorney to represent them in their entire state.  Part of the reason that I decided to specialize in this area is because there is a large unmet need for attorneys who can competently, and affordably, advise or represent professors on issues that are unique to academia.  But the main reason I decided to focus on higher education law is that I really enjoy representing professors. Of all the areas of law in which I have practiced, I have found the clients in this area tend to be the smartest, easiest to work with, and most appreciative, and the work itself tends to be very stimulating, challenging, and rewarding.  Working with people that I like and admire is a huge plus.  I would love to help you if I can.  So don't hesitate to reach out.    

Areas of Practice

David has extensive experience representing faculty members in a wide variety of matters.

·  Denial of tenure and/or promotion.

·  Post-tenure Review

·  Dismissals and Terminations

·  Anticipated unfair treatment in the tenure and promotion process.

·  Non-reappointment to a tenure-track position or non-renewal of a lectureship or long-term contract. 

·  Unfair annual evaluations, mid-tenure reviews or other reviews.

·  Unfair denial of merit raises or bonuses or grants or unfair size/distribution of such funds.

·  Unfair denial of appointment as Department Chair, Committee Chair or other position. 

·  Closure of a school.

·  Closure of a department.

·  Declaration of a financial exigency.

·  Accusations of research misconduct.

·  Accusations of plagiarism/academic integrity violations.

·  Academic ethics advice.

·  Negotiating severance packages/buyouts.

·  Discrimination or suspected discrimination on the basis of race, religion, gender, sexual orientation, national origin, disability, political beliefs, or teaching in a disfavored academic field.

·  Accusations of sexual harassment  

·  Accusations of inappropriate conduct towards (or from) a student, staff member or fellow faculty member.

·  Violations of academic freedom. 

·  Violations of internal University due process.

·  Faculty grievances.

·  Any other actions or issues that are making your work life miserable or creating a hostile work environment. 

·  Appeals or requests for reconsideration related to any of the above issues. 

Why Hire David Frakt?

Smarts

You’re a Professor.  Why hire a lawyer to represent you who is not nearly as smart as you are?  A National Merit Scholar,  David graduated summa cum laude and Phi Beta Kappa from the University of California, Irvine, with a B.A. in History, where he completed the Humanities Honors program and was named Outstanding Senior of the Class of 1990.  He graduated cum laude from Harvard Law School in 1994.  He clerked for a top federal appeals court judge.  He is a former Woodrow Wilson Visiting Fellow of the Council of Independent Colleges.  So, while he is no rocket scientist, if you are, he can at least carry on an intelligent conversation with you. 

David Knows Academia

David comes from an academic family.  David’s father, Arthur Frakt, was a long-time law professor and law school Dean at multiple law schools.  David’s mother, Janna Rankin, is an emeritus professor of parks & recreation/leisure studies.  So, David was immersed in academia from a young age.  David also spent nearly a decade in academia himself, including several years as an Associate Professor of Law and Law School Center Director, plus stints as a Visiting Professor and as an adjunct.   He has taught at private, public and for-profit institutions, including Georgetown Law School, the University of Pittsburgh, and Barry University Law School, and has also been an adjunct professor and scholar-in-residence at the undergraduate college level.  He has also been actively involved in higher education issues as the founding Chair of the National Advisory Council for the non-profit organization Law School Transparency.  He has been a frequent blogger on matters relating to legal education on the law professor forum, The Faculty Lounge.

David Knows Scholarship

David has published over a dozen law review articles in leading law journals, including the Duke Law Review, Harvard Human Rights Journal, Florida State University Law Review, University of Pittsburgh Law Review, American Journal of Criminal Law, Case Western Reserve Journal of International Law, and in the social science journal, Journal of Peace Psychology.  He has published multiple book chapters, including in books from NYU Press and University Press of Florida.  


David has given guest lectures or appeared at conferences and seminars at more than 20 Colleges and Universities, including law schools at Harvard, NYU, Duke, UCLA, Michigan State, Case Western, Loyola (L.A.), American, Seton Hall, Washburn, and York University in Toronto, among others, plus the Wharton School of Business, Muhlenberg College, Flagler College, McKendree University, and the PEN World Voices of Literature Festival.


David understands the research and scholarship expectations at all levels of academia from elite R1 universities to small private liberal arts colleges, in a broad range of disciplines.  

Depth and Breadth of Experience

David started out representing law professors.  He later expanded into representing faculty members of all types.  Over the past decade, he has represented all kinds of faculty members, including lecturers, assistant and associate professors on the tenure track, tenured associate and full professors, and teachers in administrative positions, at institutions in nearly 20 states, including state universities, private not-for-profit universities, and for-profit schools.  He has represented professors from many different fields including  law, business, psychology, engineering, philosophy, education, chemistry, music, political science, physics, computer science and religion, among others.  He has represented professors at colleges,  universities,  and professional schools, developing deep expertise as a higher education lawyer. 

Media Savvy

In most cases, my clients prefer not to have publicity about their cases.  But occasionally, particularly when the University is behaving badly, there can be benefits to exposing the University's wrongdoing or unfair treatment. This can create pressure from alumni, students, donors and the broader community on the University to do the right thing and can lead to more favorable outcomes for my clients.  If you have a case that you believe might benefit from media attention, then you will want an attorney with media experience.  David has extensive media experience and excellent media contacts. He has appeared on numerous television and radio outlets including MSNBC's Rachel Maddow Show, NBC, CNN, NPR, PRI and numerous local TV and radio stations.  He has been quoted frequently in the New York Times, Washington Post, Los Angeles Times, USA Today, Miami Herald, ABA Journal, Bloomberg News, and other major publications and news outlets.  David is also skilled at using social media to get your message out and raise funds for your defense, if needed. 

Colleges and Universities Served

As a higher education attorney, David has represented faculty members at the following institutions:

  • Concordia, Idaho
  • Florida Coastal School of Law
  • Florida A&M University
  • Notre Dame, Indiana
  • Colorado School of Mines
  • University of Maryland, Baltimore County
  • Purdue, Indiana
  • Indiana University
  • Saint Mary's College, Indiana
  • Louisiana State University
  • University of South Dakota
  • Virginia Military Institute (VMI)
  • Shenandoah University, Virginia
  • Jacksonville University, Florida
  • Nova Southeastern University, Florida
  • Park University, Missouri
  • Baptist Theological Seminary at Richmond, Virginia
  • Southeastern Louisiana University
  • University of Arkansas
  • University of Dubuque, Nebraska
  • Fuller Theological Seminary and School of Psychology, California
  • Eastern Illinois
  • Illinois State
  • Oklahoma State
  • University of Oklahoma
  • Clarkson University, New York
  • University of Texas at Austin
  • University of California, Irvine
  • Charlotte School of Law, North Carolina
  • University of Rochester, New York
  • Florida Atlantic University
  • Gustavus Adolphus College, Minnesota
  • University of Utah
  • Penn State University
  • Rutgers, State University of New Jersey
  • Cornell University, New York
  • Utah Valley University
  • St. Thomas University, Florida
  • Yale University, Connecticut
  • University of North Carolina Wilmington
  • Indiana Tech
  • Emory University, Georgia
  • Southern University New Orleans, Louisiana
  • University of Redlands, California
  • San Diego Community College District, California
  • Campbell University, North Carolina
  • Clemson University, South Carolina

Client Testimonials

Myanna Dellinger, J.D., Ph.D., former Professor, University of South Dakota

Myanna Dellinger, J.D., Ph.D., former Professor, University of South Dakota

Myanna Dellinger, J.D., Ph.D., former Professor, University of South Dakota

In my experience, David Frakt is unparalleled as an attorney and advocate for faculty members.  He helped me obtain tenure despite some covert and draining political resistance at university-wide level.  David knows the law exceptionally well, knows the extreme importance of following organizational requirements and procedure to the letter, is very focused on even seemingly minute details, is patient, and knows how to take one step at a time, securing win after win until the case is won.  I was very impressed by his personal background as a faculty member and his interest in standing up for faculty members who, it seems, are increasingly having to fight for their rights.  You simply cannot go wrong with David!


N.L., Florida A&M University

Myanna Dellinger, J.D., Ph.D., former Professor, University of South Dakota

Myanna Dellinger, J.D., Ph.D., former Professor, University of South Dakota

You have done an amazing job representing me and taught me so much over the course of this case.  You showed me what it means to be an outstanding attorney!  Thank you for your professionalism, for always being available at any hour of any day, for working on the weekends, for your support and understanding!  You are one of a kind and I am grateful you agreed to help me. 


R.C., former assistant law professor (Infilaw)

Myanna Dellinger, J.D., Ph.D., former Professor, University of South Dakota

K.L., Professor at a Private University in the Eastern U.S.

When the for profit law school I was teaching at decided to lay off half of the law faculty, it was quite a shock.  I had planned on being a law professor for the rest of my professional career.  The faculty was offered a very paltry severance that a few professors, lacking fight in them, decided to take.  I had the fight in me, but I needed the advocate to take on my fight, and that advocate was David Frakt.

Within two-three weeks after my last pay date, David obtained a very healthy severance package for me.  I was able to avoid using our family savings to get by on, and this severance bought me enough time to regroup and find a new career path in the law.   Having David Frakt represent me and secure a healthy severance that kept my family afloat during a tough time was invaluable.  I will always be grateful to Mr. Frakt. If you need a fierce advocate to represent you regarding your employment in higher education, I highly recommend Mr. David Frakt.

K.L., Professor at a Private University in the Eastern U.S.

Peter G., a faculty member in the humanities, a Louisiana public university.

K.L., Professor at a Private University in the Eastern U.S.

I had LOTS of contract-related questions when moving from a faculty position to an administrative one. I didn't feel comfortable asking the university's legal counsel for assistance, but I wasn't sure who else I could contact. The name David Frakt appeared in a Google search, and I decided to reach out. It was well outside typical business hours, but David picked up the phone on the first ring. He listened to me with empathy and reassured me that he could help. And he was right! In fact, over a year later, when a new provost changed my contract without consultation, David once again helped me understand what was happening and what my options were. I am happy to say that both situations turned out positively, but that wouldn't have been the case without David. His patience, compassion, and responsiveness were invaluable to me. If you are an academic who is at all unsure how to proceed or feeling uncertain in any way about what is happening to / around you, I highly recommend reaching out to David Frakt. 

Peter G., a faculty member in the humanities, a Louisiana public university.

Peter G., a faculty member in the humanities, a Louisiana public university.

Peter G., a faculty member in the humanities, a Louisiana public university.

David has been an exceptional lawyer, trusted advisor and passionate advocate during my legal case. His deep knowledge of higher education law and his commitment to protecting the rights of professors is what you want in your corner when you most need a good champion on your side. He is always highly responsive, a great sounding board, and skilled at guiding me to make wise decisions, especially when emotions ran high. He really gets the unique situations employment in higher education brings. He is, undoubtedly, the professor's lawyer.

F. S. Spencer, retired university and seminary professor

Peter G., a faculty member in the humanities, a Louisiana public university.

Peter G., a faculty member in the humanities, a Louisiana public university.

With uncommon wisdom, sensitivity, and dedication, David Frakt shepherded me and two of my colleagues through a difficult period surrounding the untimely closure of our academic institution. He promptly answered all our questions every step of the way and helped negotiate a fair settlement package. We would have flailed and floundered without his expert guidance. I highly recommend David Frakt to represent professors, teachers, and other personnel in higher education.

V.R., Tenured Full Professor at University in the Southern U.S.

V.R., Tenured Full Professor at University in the Southern U.S.

V.R., Tenured Full Professor at University in the Southern U.S.

A few months ago, we found ourselves in a challenging situation, desperately needing legal representation.  We could not find a single lawyer in our state to take up our case. Until, by a stroke of good fortune, we found David. From the very first meeting, we knew we were in capable hands. His extensive knowledge, sharp intelligence, and genuine empathy gave us hope and confidence to pursue our case. He has a knack for cutting through all the information and picking a case apart in a short time.  His professionalism and excellent communication skills were instrumental in achieving a positive outcome.

David is more than just a lawyer;  his passion for justice and unwavering commitment to our cause is inspiring. He fearlessly fought for our rights, leaving no stone unturned.

Despite the physical distance (over a thousand miles away), it felt as though he was holding our hand every step of the way. We will forever remain immensely grateful for his guidance and unwavering support.

E. M., Associate Professor, Univ. of Maryland, Baltimore County

V.R., Tenured Full Professor at University in the Southern U.S.

V.R., Tenured Full Professor at University in the Southern U.S.

David provided me with invaluable guidance as he helped to process my case.  Not only that, he was a comfortable person to work with -- affable, smart, very experienced -- with a great sense of humor when I was in a really dark place.  Also -- he always got back to me right away!  I wish I had started working with him sooner!

C. R., West Coast Law Professor

V.R., Tenured Full Professor at University in the Southern U.S.

C. R., West Coast Law Professor

Counsel Frakt was everything one would want in a lawyer when navigating a challenging academic career-related situation. He was highly responsive, practical, kind, and very adept at negotiating an agreement that achieved the goals we had initially discussed. Thanks to his expertise, the matter was resolved with the utmost professionalism and fairness.  

Frequently Asked Questions

Please contact me at david@theprofessorslawyer.com if you cannot find an answer to your question.

If you think you might need the help of a higher education attorney, the next step is to request a free consultation by calling or texting 904-788-6082 or by emailing me at david@theprofessorslawyer.com.  The initial consultation can be phone or, if you prefer, video chat via FaceTime, WhatsApp, or Zoom.  If there are key documents that would be helpful for me to review before the initial consultation, feel free to email them over.


After our chat, I will let you know if I think that I could potentially help you with your issue and will likely provide a recommended preliminary plan or strategy, or at least the first step of a plan or strategy.  I understand that you may be consulting with multiple attorneys before choosing one, but if you decide that you would like to move forward with me representing you, I will request a small initial retainer to take on your matter.  

That is hard to say.  For most matters, I work on an hourly basis.  The good news is that I work very fast, so that keeps your fees down.  Unlike most lawyers, I don’t bill separately for every quick email or phone call that I make to you or on your behalf.  Rather, I keep track of the total amount of time I actually spend on your matter, and bill you hourly, every 3 or 4 hours, so you will never be surprised with a large bill.  The other good news is that my hourly billing rate is incredibly reasonable.  Most lawyers with my qualifications and experience (i.e. Harvard Law graduate with 30 years’ experience) charge $400-500 per hour and up.  Because I work from home and my overhead costs are low, I am able to charge more affordable rates.  My standard rate for non-academic clients is a relative bargain at $350 per hour.  But I know that very few professors can afford even that kind of rate.  So, for professors I cut that rate nearly in half and charge $200 per hour.  Most lawyers require a non-refundable  retainer of at least $2500, and often far more, to take on any matter.  In contrast, I typically  request a retainer of $1000, representing up to the first five hours of my work, to undertake the representation;  for very simple or very complex matters, I may adjust this up or down.   A variety of easy payment options are available, including ApplePay, Zelle, Venmo and PayPal.  Payment plans are available.  

The results really depend on the individual merits of your case.  What I can say is that I will help you to make the most persuasive case possible.  I know how college and university administrators think and I am a tough and savvy negotiator.  I have successfully negotiated several severance packages/buyouts on behalf of my clients and won several appeals and requests for reconsideration or otherwise obtained relief for my clients.  Although the terms of each individual settlement are subject to non-disclosure agreements, terms have included significant cash settlements, paid sabbatical or research leaves, continuation of medical benefits, course-load reductions, favorable recommendations, and other favorable terms.  I have also helped clients to get tenure and promotion, and helped clear clients of allegations of wrongdoing or misconduct of various kinds.  Recent results in 2024 include two reversals of denials of tenure, reinstatement after termination, reversal of non-reappointment decisions, recharacterizations of terminations for cause as voluntary resignations with severance pay and early retirement in lieu of disciplinary actions. 

Okay, that's not really a frequently asked question.  But I'm trying to help faculty members in need find me, so humor me here.  Tenure and promotion lawyer.  Education law attorney.  Faculty member rights attorney.  Tenure appeal lawyer.  Tenure attorney.  Tenure battle.  Denial of tenure.  Tenure denial.  Post-tenure review lawyer.  Faculty grievance lawyer.  Faculty rights lawyers.  Higher education attorney.  Attorney for professors.  Attorney for faculty members.  Lawyer for college professors.  Lawyer for faculty members.   Academic misconduct lawyer.  Research misconduct lawyer.  Academic integrity lawyer.   Plagiarism lawyer.  Faculty misconduct lawyer.  Academic freedom lawyer.  Declaration of financial exigency lawyer.  Non-reappointment lawyer.  Denial of reappointment lawyer.  Severance negotiation lawyer for college professors. Best lawyer for college professors.   

Contact David

david@theprofessorslawyer.com

FaceTime, WhatsApp and Zoom Appointments Available 

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Law Office of David Frakt

1943 Rose Mallow Lane, Fleming Island, Florida 32003, United States

(904) 788-6082

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