Elder Law As A Public Service
By Jacqueline D. Byrd

It’s not a lawyer joke.
A growing corps of attorneys practice a kinder, gentler type of law for seniors.
Time Magazine, October 2000

Elder law attorneys are often asked, “What is elder law, anyhow?” More and more, however, elder law attorneys face the comment a friend recently related: When visiting a local funeral home to make pre-planned arrangements for a ward currently in a nursing home, the funeral director said, “An elder law attorney? Oh, you’re the ones who know how to sneak around the Medicaid rules, right?”

Some progress! The profession has evolved from “Elder law? I’ve never heard of it…” to a reputation as attorneys who help wealthy people avoid nursing home costs. Although that accusation is both unfair and untrue, it is not the focus of this article.

The whole of elder law is much broader than Medicaid planning and expanded estate planning for the elderly. It includes topics such as age discrimination, retirement benefits, survivor benefits, housing issues, elder abuse, nursing home rights, probate, guardianships, Special Needs Trusts, health insurance issues, Social Security and disability claims, end of life issues, etc. The list is long, and as the number of seniors continues to grow, so does the list of their legal needs.

Some of the best elder law attorneys may be those who have had personal life experiences that caused them to see how defenseless elders can be when put up against the system of governmental “help” available to them in our society. These experiences also demonstrate the confusion, frustration and “guilt” of family caregivers. When this country’s legal system is combined with all the issues of aging, the result can be a complicated mess of rules and regulations that unfortunately often takes an attorney to unravel. That situation helped produce the relatively new field of elder law.

Many elder law attorneys view their practice in large part as a public service. As one National Academy of Elder Law Attorneys (NAELA) guru said, “It’s half social work and half legal work.” Maybe, and there’s also the psychologist/family counselor factor. As part of that public service, attorneys often speak to community groups about elder law topics. Some teach classes at local senior centers.  In Bowie, there’s a regular class that after two years has evolved from specific elder law topics into a discussion group for whatever topic may be on the seniors’ minds. A good way to approach speaking presentations is to give listeners more information than they can process and then provide a lot of informational handouts (on brightly colored, easy to read paper with large type.) Give listeners many resources with appropriate phone numbers. They can refer to the information later when needed.

Also in the community service mode, an attorney might want to check with their local community newspaper. Some attorneys write frequently on senior issues for their local newspapers. For the most part, this type of outreach should be limited to practical and useful topics with less emphasis on political and legislative matters affecting seniors. Although certainly elder law attorneys should look for forums in which to advocate politically, a small, local newspaper generally has more than enough political news. Editors are looking for practical information for their readers. For example, such articles and columns can point out that members of AARP can get AOL monthly service for half-price. Writers can point out websites that are helpful to seniors. It’s important to remember the hundreds of family caregivers and to refer them to useful books, articles, websites and government programs. Other topics could deal with Geriatric Care Managers, what they do and how to contact one; housing issues; how to take the keys away from a senior whose driving has become dangerous; how to get the most from a doctor’s appointment, and  why it’s important to choose a doctor who understands gerontology issues.

For this type of writing and speaking, topics are everywhere. You can search the Maryland Attorney General’s website, for instance, and find speech and column topics. State and county agencies list volunteer opportunities for senior citizens and people to contact. In the housing area, one elder law columnist noticed a wonderful article in the NAELA quarterly by Professor Lawrence Frolich about seniors staying in their own homes. Professor Frolich granted permission to use thoughts from his article, which was done, and the Professor received a copy of the finished column.

In the office and in written communications, it’s important for elder law attorneys to use large font type as often as possible. Attorneys should be certain that their offices are handicapped-accessible, and staff should be trained to be good listeners because many seniors have no one who will really listen to them. Attention to detail is very much a part of the public service opportunity offered by the practice of elder law.

Strong marketing should not really be done through newspaper articles or speaking engagements. You can be identified by profession, of course. And it’s appropriate to hand out cards, perhaps pens, and your name and phone number should be on all informational handouts. Elder law attorneys have a fine reputation for helping other attorneys as well as their clients. In that spirit, a handout titled something like “How to Find a Good Elder Law Attorney” would make a nice addition to any speaking engagement. Anyone can call themselves an elder law attorney, but where can people in need find a really qualified one? Your handout can refer them to NAELA, state and county bar associations, AARP and other sources. There are many knowledgeable and compassionate elder law attorneys, and the continued “graying of America” will no doubt provide plenty of challenges for all.

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Publications : Bar Bulletin: May, 2003