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Legal Resources/ELDER LAW ATTORNEYS
The practice of law has become increasingly complex and therefore it is impossible for any lawyer to be knowledgeable about every area of the law. Many lawyers now concentrate their practice in certain fields of the law. Approximately fifteen years ago, lawyers started to specialize in the field of elder law. In other words, some lawyers began to concentrate their practice in those areas of the law, which most frequently impact older Americans. Some of those areas of the law include:
Back to the Top Training & Credentials Attorneys generally hold a juris doctorate degree and must be licensed members of the Virginia State Bar in order to practice law in Virginia. There are no certification requirements constituting an elder law specialty, though the National Association of Elder Law Attorneys expects its members to:
It's not always clear whether you have a legal problem that requires the services of a lawyer. One way to determine whether you need legal assistance is to ask a lawyer. Lawyers frequently do not charge for an initial consultation or for answering simple questions prior to undertaking the representation of a client. Lawyers are trained to recognize and analyze legal issues, and can be expected to tell you if your problem warrants legal action. The sooner you ask, the better. The longer you wait to determine whether you have a legal problem, the more likely it is that you will have fewer options or that your situation will have worsened by the time the legal issue is addressed. Back to the Top
Finding an Elder Law Attorney
Selecting an Attorney
Use the answers to these questions as a guide not only to the attorney's qualification, but also as a way of determining whether you can comfortably work with this person. If your concerns are given short shrift, if you don't like the answers to these questions, if you don't like the attorney's reaction to being asked all those questions, or if you simply do not feel relaxed with this particular person, DO NOT HIRE THAT ATTORNEY. Back to the Top Working with Your Attorney At the initial consultation, be sure to bring all the information you think the attorney may need. Papers, letters and correspondence, documentation, notes and records will help your lawyer understand your situation. A positive and open relationship between your attorney and you benefits everyone. The key to getting to a good working relationship is communication. Good communication starts with asking questions. Some of the questions to ask at the first consultation include:
Back to the Top Fees There are many different ways of charging fees and each attorney will choose to work differently. Some attorneys charge by the hour with different hourly rates for work performed by attorneys, paralegals and secretaries. If this is the case, find out what the rates are. Other attorneys charge a flat fee for all or part of the services. This is not unusual, for example, if you are having documents prepared. Your attorney might use a combination of these billing methods. Ask about these matters at the initial conference, so there will be no surprises! It is very important that you feel comfortable in this area. In addition to fees, most attorneys will charge you out-of-pocket expenses. Out-of-pocket expenses typically include charges for copies, postage, messenger fees, court fees, and long distance telephone calls. Find out if there will be any other incidental costs. The attorney may ask for a retainer. This is money paid before the attorney starts working on your case. It is placed in a trust account and each time the attorney bills you, the bill is paid out of that account. Expenses may be paid directly from the trust account. The size of the retainer may range from a small percentage of the estimated cost to the full amount. Once you decide to hire the attorney, ask that your arrangement be put in writing. The writing can be a letter or a formal contract. It should spell out what services the attorney will perform for you and what the fee and expense arrangement will be. REMEMBER-- even if your agreement remains oral and is not put into writing, you have made a contract and are responsible for all charges for work done by the attorney. You may be entitled to free legal assistance from your local legal aid office. Usually your income and assets determine your eligibility aid, however, many of the legal aid offices in Virginia are able to provide at least legal advice to everyone over the age of 60. Your local legal aid office should be able to tell you, after a short phone call, whether you are eligible. You will find the legal aid office nearest you by searching the SeniorNavigator.com local services database using the key words: legal aid. You may also call the Virginia Legal Services Corporation at 1-804-782-9438 to locate a legal aid office in your area of Virginia. Back to the Top Consumer Tips The Virginia state bar publishes the Senior Citizens Handbook, which provides information about many legal issues facing older adults as well as resource lists of Area Agencies on Aging, Legal Aid offices and other services. For a free copy of Questions and Answers When Looking For An Elder Law Attorney send a stamped self-addressed business sized envelope to NAELA Q & A, 1604 N. Country Club Road, Tucson, AZ 85716-3102. Contact the Virginia State Bar at 804-775-0501 for a free copy of their pamphlet. Both of these brochures are also available on their websites: www.naela.org and www.vsb.org/publications. *Portions of this section are adapted with permission from a brochure published by the National Academy of Elder Law Attorneys entitled ‘Questions & Answers When Looking for an Elder Law Attorney’, and a brochure published by the Virginia State Bar entitled ‘Selecting and Working with a Lawyer’. Author: Jay Speer, Attorney Virginia Poverty Law Center Richmond, Virginia Back to the Top
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