Recession Has Hurt Most Elder Law Firms, Survey Finds
Providence, RI (PRWEB) September 29, 2009
To the surprise of some, elder law firms have been hit hard by the recession, according to the results of a new survey by ElderLawAnswers, the Web’s leading source of consumer and professional information on elder law.
Most surveyed elder law firms (71 percent) have experienced a decline in business due to the economic downturn. Firms have seen an average 25 percent decline in business, although about 20 percent have had to cope with a precipitous 40 to 50 percent drop-off. “Anything (clients) can put off they will put off — including their estate plans,” commented one respondent.
“We’re surprised at the results,” said ElderLawAnswers president Harry S. Margolis, an elder law attorney in Boston, Mass. “We were assuming that the practice of elder law would be better insulated from recessionary forces because of the necessity of the work these attorneys do.”
The survey found that to make up for revenue shortfalls, firms have had to trim bonuses, cut staff, reduce salaries and even delay paying bills. Pruning bonuses has been the most common cost-cutting move among surveyed firms, followed by laying off support staff and reducing salaries.
Firms have also been forced to shift the focus of their practices. More than three-quarters of respondents (77 percent) say that as a result of the slump, they are concentrating more on practice areas that clients are less likely to defer. Topping the list of new areas of focus is estate administration, followed by crisis Medicaid planning and special needs planning.
Firms ranked estate administration, guardianship and conservatorship and crisis Medicaid planning as the best-performing practice areas compared to last year. Advance long-term care planning and fiduciary litigation were ranked lowest.
ElderLawAnswers also asked elder law attorneys how long they think it will take for the economy to rebound. Twenty-seven percent predict one year, 32 percent think it will take two years, 21 percent say it will be three years, 5 percent say four years and 8 percent expect to wait more than four years. An optimistic 5 percent say we’ll be out of the woods in six months.
Finally, most of those surveyed believe that even after the economy recovers, the practice of elder law will never be the same, due both to the recession and to other changes in the market for legal services, such as the rise of the Internet. In an open-ended answer section, respondents explained how they believe the practice of elder law will be altered in the years ahead.
Detailed survey results will be published September 28, 2009, in the October 2009 issue of ElderLawAnswers Monthly, with a circulation of 7,500 elder law professionals.
About ElderLawAnswers:
ElderLawAnswers (ELA), found at http://www.elderlawanswers.com, is the leading provider of Web-based practice development tools for [elder law attorneys] on the Internet. ELA employs the latest Web 2.0 applications to provide its members with customizable content such as e-newsletters, blogs, podcasts and consumer articles to increase members’ Web presence and position them as the elder law experts in their communities.
In addition to providing support to elder law attorneys, http://www.elderlawanswers.com provides consumers with clear information on legal issues facing older Americans. Consumers may find qualified elder law attorneys searchable by state or telephone area code. The site offers primers on key topics including Medicaid, Medicare, estate planning, and long-term care planning, as well as useful calculators and checklists.
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How To Find An Elder Law Expert
Elder law is still a developing branch of legal expertise. There are far fewer clearly recognized experts in the field than for other specialties such as divorce, which has been legislated and required legal attention for years. As the government recognizes elder law as a growing issue, the number of people seeking a litigation lawyer in elder law cases will only increase. Knowing what to look for in a good litigation attorney for elder law cases will help you find the best possible representation for your situation.
Qualification #1: They Must Be A Legal Litigation Lawyer
In order to practice within a particular state, a lawyer must pass a test specific to that state known as the Bar exam. Once he or she proves competency about the law, they are permitted to become a lawyer in that state. An important point to keep in mind is that passing the Bar exam in one state does not guarantee anything if the legal professional moves to another state. Your chosen attorney must have a current license valid in your state, or they are not allowed to represent you. This is not a matter of optional qualifications; this is absolutely mandatory, and something that everyone should know before seeking a lawyer for any purpose.
Qualification #2: They Should Have Knowledge Of Elder Law
This qualification is substantially more difficult to quantify than the requirement that they be a member of the Bar. Checking to determine whether or not they have a license is as simple as making some phone calls or possibly checking on the internet. Determining their area of expertise and the depth of their knowledge in that area takes a lot more effort. There are several ways you can approach this.
One way to find out is to ask questions of the litigation attorney themselves. You will want to have an in-depth conversation with your potential representative before hiring them no matter what specialty you are seeking. It is particularly important to vet a potential elder law specialist with care because the field is in a constant state of development. It is vital that a litigation attorney in this area be reading and maintaining knowledge about new laws as they change quite frequently.
You can also use Google to your advantage. The best litigation lawyer will probably go beyond merely following developments in his field. He’ll be helping shape the conversation by writing opinion pieces, and perhaps even testifying about new laws that are being considered. A Google search for the name of an attorney should turn up information – just be careful to ascertain that it’s the same person before you make any decisions.
Qualification #3: You Have To Feel Comfortable
This last qualification is one of the most important. You will be working with this litigation lawyer over the course of months, or perhaps even years in particularly complex cases. You want to know that they are going to give you the amount of time, energy, and focus that you deserve. If you are not completely confident about their devotion to helping you from day one, look elsewhere. Combine your own confidence with proven experience and membership in the Bar, and you have done all you can to ensure great representation.
Kerry Peck is a litigation lawyer in Chicago and a managing partner of Peck Bloom LLC. He is known for his expertise on elder law in Chicago and nationwide.
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Elder abuse and neglect…part 1
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Geriatric Consultants Can Help Families as Parents Age
Dollars & Sense
By Denice Gierach
As published in the Naperville Sun – June 15, 2008
As the population ages and particularly our parents age, it is appropriate and helpful to use the services of a geriatric consultant. A number of companies offer a large variety of services depending on your family’s needs. These firms are part patient advocate and part mediators with the family when required.
For instance, on many occasions it is necessary to determine whether mom or dad are able to live independently in their own home. While you might determine that mom or dad are not able to live by themselves anymore, a geriatric consultant may be able to step in, talk with your parent, evaluate the parent’s health as well as their home and surroundings. They also attempt to involve the parent in the decision, which, is a huge step for aging parents to take.
Sometimes, it is appropriate to have that parent live in assisted care. Many times, however, with the addition of a part-time care assistant and modifying the home environment to include items that would extend the time that the senior parent may be able to live in his or her own home semi-independently. This may involve a structural change to the residence, such as an elevator or chair to allow the senior to go to the second floor or remodel the first floor to accommodate another bedroom or making sure that the proper on-site caretaker is there to assist with chores around the home.
The geriatric consultant also can help to mediate between siblings, many of whom may have a different idea of how to help their parent. One sibling may feel that the parent would be better off in a nursing home or assisted care, while another may determine that the parent should stay in his or her home. Senior parents normally have enough of their own fears to deal with and tend to react negatively toward the conflicts between their children over what will happen with their lives.
If the parent has had extensive medical bills that need to be sorted or reimbursement needs to be applied for, many geriatric consultants may supply this need. The bottom line is that using a geriatric consultant will give your family piece of mind, as many of my clients can attest to.
Denice Gierach is a lawyer and owner of The Gierach Law Firm in Naperville. She is a certified public accountant and has a master’s degree in management. She may be reached at deniceg@gierachlawfirm.com. For more information on Denice and The Gierach Law Firm visit Gierach Law Firm.
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In this episode of Real Talk with Jennifer, we take a humorous look at # 9 of the Top 10 Business Killers for estate planning and elder law attorneys — Procrastination. Estate Planning marketing may require you to move out of your comfort zone!
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Pennsylvania Elder Law Attorney Jeff Marshall Receives International Award for Book
Williamsport, PA (PRWEB) June 15, 2006
Williamsport Attorney Jeffrey A. Marshall has been recognized by the International Association for Continuing Legal Education (ACLEA) for his book, Elder Law in Pennsylvania. Marshall’s book has received the Award for Outstanding Achievement in Publications for 2006. Elder Law in Pennsylvania book was selected over entries from across the United States, Canada, Great Britain, Australia, New Zealand, Africa, and Mexico.
The book’s publisher, the Pennsylvania Bar Institute nominated the publication for the prestigious award. Elder Law in Pennsylvania is a unique 700-page resource guide intended for attorneys and other professionals who work with the elderly. Subjects include powers of attorney, health care directives, guardianship, Social Security, Medicare, Medicaid, protecting assets from the cost of long-term care, and home and community based services.
Representatives from the Pennsylvania Bar Institute will be on hand to accept the award at ACLEA’s 42nd Annual Meeting in Hawaii July 19-22. Established in 1964, ACLEA is an international association devoted to the continuing legal education profession.
Attorney Marshall is the managing attorney of Marshall, Parker & Associates, LLC. A graduate of Lock Haven High School and Stanford University Law School, he is a Certified Elder Law Attorney by the National Elder Law Foundation and a nationally recognized leader in the field of elder law and estate planning. Marshall, Parker & Associates has offices in Williamsport, Jersey Shore and Wilkes-Barre.
Marshall is a continuing columnist for the Williamsport Sun-Gazette, and writes a monthly newsletter, the Elder Care Law Alert. He has been quoted by such national publications as Time Magazine, the Chicago Tribune, and The Kiplinger Retirement Report.
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Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC.
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Married Couple — Crisis Long Term Care Planning. In the 14th installment of his audio podcast, Yale Hauptman discusses just that scenario, crisis planning. Although the picture is more complicated all hope is not lost. Yale discusses some of the options still available to families, but timing is a key. Visit www.HauptmanLaw.com for more.
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At Leisawitz Heller, we help you make sense of nursing home admissions, guardianships, Mediciaid applications and asset protection planning. You want to age with dignity, independence and security, not exhaust your life savings. When the world demands decisions right now, we’ll help you slow things down a bit and make decisions with confidence.
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Estate planning helps avoid probate, save estate taxes and provide for survivors, whereas elder law is about Medicaid planning. Learn the difference between estate planning and elder law from an estate planning and probate lawyer in this free video on estate law. Expert: Brad Wiewel Contact: www.texastrustlaw.com Bio: Brad Wiewel is board certified in estate planning and probate by the Texas Board of Legal Specialization and has been practicing law since 1978. Filmmaker: Demand Media
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Mental Incompetence Elder Laws
Mental competence relates to a person’s legal capacity to comprehend and to make rational decisions. Unfortunately, quite a few families will locate this a bone of contention included in this. Everybody inside the family thinks that they realize most effective and are also “conspiracy theorists” when it comes to the particular motives of their immediate household, or of long time friends or employees of the sufferer. Elder law might be complex and in most cases, emotionally incurred.
The most common causes of a person getting deemed mentally incompetent could be the result of dementia, a stroke as well as Alzheimer’s illness. It is surprisingly tough and heartbreaking to observe a once vital along with mentally astute person drop those areas of their personality that make them so unique. Thoughts run high as a cherished one declines and regrettably this may create further divisions inside a family at a time when the loved ones must be coming together to do what’s best. This is the time to allow ego and past issues go and come together as a family in order to do what is required to assist the stricken loved one. Yes, it’s easier in theory and when families, or those who care deeply about someone’s health and well-being can’t come to a contract, the courts should step up.
In an emergency situation, as in an abrupt stroke, guardianship may be obtained in a day or perhaps two. In most cases though, the procedure can take anywhere from a month to many months and might be costly, amazingly inconvenient along with the delay may leave your love one in a good untenable situation. The court will designate an attorney to represent the particular interests of the disabled individuals assets and their earnings, if there is any. At this point with time the family will likely be forced to make all decisions via this specific attorney, and in incredibly tough conditions, the family might be taken out of the particular equation entirely. That just about depends upon how uncomplicated or even how tough the family can make it on the attorney and if he / she feels that the family offers his client’s interest in the mind or has a lot much more egotistical motives.
A great deal of this may be averted by seniors being practical and taking the time to have a resilient general power-of-attorney in place prior to getting disabled. A lot a lot more of the harm feelings may be avoided in the event the elder individual taking care of enterprise will communicate openly and honestly with family members regarding his or her decisions and the reason why those decisions are being built. This isn’t usually a personality contest, though the elder will normally favor an individual he or she has a close link to. It need to come down to any number of important factors, like the close geographical proximity, the existing financial situation of the baby the elder is taking into consideration, the time and inconvenience that it will take to “take care of affairs” along with the intelligence of the individual being considered. For instance, your Dad and you could have a unique connection, but your cousin is significantly extra financially savvy or perhaps responsible when it comes to financial matters. Ego has to take a again seat plus the easier the family makes it on the senior, the easier it’ll be to make decisions that can insure his or her estate can be handled without undue tension. And…the far more communicative the mature is, the easier it will be around the family all of the way around.
So, like a person approaching your gold years, you may well need to take some time to earnestly weigh where your est lies and what will take place if some thing had been to take place to you, your spouse or both of you. As a family member of a person getting close to their golden years, you might begin this conversation. Products occurs and having a “it can’t occur to me mentality” might make you or your loved one’s house within the hands of an unknown attorney and your family at odds with every other, any less than desirable scenario.
Being proactive about the future is the better approach to insure your family keeps together and that you and your resources are properly taken care of when you want it. The rule of thumb here is: Prepare for the worst, but wish or pray for the best. You are able to, obviously, prepare your own power-of-attorney with online forms, having them notarized, but it really is typically recommended that you pay the price tag on an attorney to prepare this document. Attorneys that specialize in older law will know the right questions to ask and will think of things that you might not have taken into consideration. It’s worth the minimal cost which is normally involved. Actually, your local older center could have the names of those that will do this type of work pro-bono or for a reduced fee. It’s definitely worth looking into.
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www.ArkansasEstatePlanning.com – Arkansas Elder Law Practice of Doug Jones and Cynthia Orlicek Jones has helped Arkansas families with Power Of Attorney questions and establishment. The power of attorney can be a great plan in preparation for aging family members to ensure their wishes are carried out. Please go to our site for more information at http
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Charlotte, NC (PRWEB) April 23, 2008
On May 9, 2008 Charlotte’s aro will present a half-day workshop specifically for attorneys, entitled “The Future of Elder Law,” at the Renaissance Charlotte Southpark Hotel. Nationally recognized Elder Law Attorney Tim Takacs returns to Charlotte for his second such workshop event, but will be joined this year by co-presenter Nicole Vandiver Bryan. Bryan is also an Elder Law Attorney with the Estate & Elder Law Firm of Vandiver & Bryan of Cornelius, NC. “Attorneys from across the nation joined us for Takacs’ first workshop here last year,” remarks aro President Chuck Robbins. “Clearly there is a demand for more education on Elder Law in this area.”
The reference to “the graying of America” is one hitting closer and closer to home for our nation’s middle-aged. As this demographic takes on the task of managing the long-term care of aging parents, they are frequently turning to the legal community for help. The result is a boom in the field of Elder Law as attorneys respond to an influx of clients seeking assistance in navigating the complex maze of public benefits and solutions for their loved ones – while protecting their own financial futures.
“The field of Elder Law is growing up alongside a generation of adults who find themselves caring for both aging parents – and their own children,” comments Takacs. “The legal community simply must stay current with what assistance is available for families and how to access that assistance.”
Takacs, author of “A Guide to Elder Law Practice,” is nationally recognized for his pioneering work in this emerging field of Law. He is credited with being one of the first Elder Law attorneys in the nation to assemble an interdisciplinary team of experts to provide integrated client care. His innovations have “transformed the practice of Elder Law in the US” and “have set a new standard of excellence in the field.”
A 1999 graduate of Campbell University with a BA in Political Science from UNC-Chapel Hill, Bryan will offer her expertise and perspective on this important topic. “We saw our participation in this event as a must-do for our community,” states Bryan. “Today Elder Law Attorneys are a critical part of putting together a Life Care plan that works.” The Estate & Elder Law Firm of Vandiver & Bryan is also a sponsor of a public breakfast event preceding the attorney workshop, featuring Takacs.
Attorneys currently or interested in expanding their Elder Care/Law services are encouraged to attend. Attendees may earn 3.0 CLE credits. For details on this workshop or to register click here for
registration information.
For details on the public breakfast event or for reservations, call aro at 1.888.267.1297 or visit www.consultaro.com.
Sponsors for the event will be on hand with adjunct information on services related to the issues of aging. Sponsors include: The Estate and Elder Law Firm Vandiver & Bryan; as well as The Brian Center; Sunrise Senior Living; The Estate Lady Julie Hall; Hospice and Palliative Care, Charlotte Region and the Alzheimer’s Organization of Charlotte.
About aro
A marketing services and consulting boutique, aro offers research, marketing planning, branding and public relations. The firm specializes in providing these services for small businesses in a variety of industries, including real estate, emerging technology, retail, sports, entertainment, financial services and human capital companies. Visit the aro web site at consultaro.com, or contact Chuck Robbins.
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Drexel Hill Time
AES Seniors
