How to Find an Elder Law Attorney Who Can Satisfy Your Needs

What Is Elder Law?
The practice of "elder law" — law related to the concerns of the elderly — is a fast-growing specialization. Actually, elder law encompasses a variety of fields of law, such as: Estate Planning, Health Insurance Selection, Claims and Appeals, Social Security and Disability Claims and Appeals, Preservation and/or Transfer of Assets, Disability Planning, Conservatorship and Guardianship, Living Trusts, Probate, Administration and Management of Trusts and Estates, Long-Term Care And/Or Admission to Lifecare Communities And Nursing Homes, Age Discrimination, Retirement Planning And Benefits, Elder Abuse, Fraud Recovery, Health Law.

Most elder law attorneys do not specialize in all areas of the law. It is important to ask a lot of questions to find out if a particular attorney is suitable for your needs. Ask how long the attorney has been practicing elder law, what areas he or she specializes in, what the fees for services are and what information you should bring to the initial meeting.

The First Meeting
Be sure to bring all supporting documents to the initial meeting, and be prepared to summarize your problem or need. Ask these questions:
1. What is required to resolve your situation?
2. What are the advantages and disadvantages of alternative courses of action?
3. What attorney, by name, will handle your case?
4. Does this attorney have applicable experience?
5. Is this attorney a member of the National Academy of Elder Law Attorneys?
6. What is the estimated cost of resolving the problem? How long will it take?

Get it In Writing
Once you decide to hire an attorney, have the services that are to be rendered and the fees, including a payment schedule, completely defined in a contract or letter. Be careful of oral agreements; if you make agreements that are not put down on paper, you have created a contract and will be responsible for costs arising from any services performed by the attorney.

Fees for legal services may be charged in a variety of ways. Ask for specifics on how the attorney will bill you. Some attorneys bill by the hour, with a different rate for paralegals, secretaries and other support staff. Other attorneys charge a flat-rate fee for their services. You will probably be charged for out-of-pocket expenses such as court fees, deposition fees, long-distance calls, postage, etc. Ask in advance about the types of expenses that will be involved in your case.

A retainer may be required. This is money paid up-front before the attorney begins work on your case. The retainer may range from a small percentage of the estimated cost to the full amount. A retainer is usually placed in some form of trust account, which is then drawn down each time the attorney bills you for services. Expenses may also be paid from this account. If your attorney requires an up-front retainer, be sure you understand, in detail, how it will work.

The method of payment, as well as the amount, should be spelled out in the contract. Your relationship with the attorney is crucial to the satisfactory resolution of your particular problem or situation. It is important to spend some time finding an attorney you feel comfortable with before you sign a contract.