|
By John M. Bigler One of the key questions facing seniors or anyone else in need of legal assistance is how to choose the right attorney. I was recently asked to do a seminar strictly on the subject and I thought that same subject could also be the basis for a column.
What if you don't know anyone who has been to an elder law attorney? Many people receive referrals from other professionals in the long-term health care field. Social workers may have developed a relationship with a particular elder law attorney or may be aware of experiences of their patients with a particular attorney. They are an excellent source of referrals. Also, senior centers, hospitals and nursing homes can make referrals. The local bar association is an excellent source, but typically they will give you several names closest to your residence and it will be up to you to choose. Even better, one can contact the National Academy of Elder Law Attorneys at (520) 881-4005 for a list of experienced attorneys. Of course, there is always advertising.
Some attorneys make it a policy not to speak to clients before they come to the office. I, myself, would not feel comfortable choosing such an attorney. I firmly believe that a brief conversation with a professional is essential to at least get some sense as to whether you will feel comfortable in a working relationship with that person. There is nothing wrong with inquiring of the attorney as to his or her level of experience in the area for which you are interested. But don't get carried away. I have had people ask me what my what my grade point average was in law school. Since that was 25 years ago, I refuse to answer on the grounds that I don't remember. However, general questions as to experience are entirely appropriate. cThere is a common trend for some attorneys in general practice to dabble in the area of elder law. This can often lead to greater problems. Advice such as, "you have to wait three years" or "just transfer everything to the kids" can be disastrous. If an attorney resists providing you with a general background of his or her experience in the area, then that should be a sign to look elsewhere. It is also appropriate to inquire with which professional organizations the attorney is involved. An attorney who is active in the criminal law section of the Bar Association is typically not going to provide the best elder law advice. Obviously one very important criteria is fees. You should be able to get a reasonably clear idea of a range of fees. Without knowing your problem in detail no one is going to be able to give you an exact price, but they should be able to give you, at least, a broad range. Specifically, in the area of elder law, most experienced elder law attorneys will have a consultation fee. That is because a great deal of information will be provided about Medicaid, Medicare, long term insurance, revocable and irrevocable trusts and estate planning at the consultation. If an attorney is advertising free consultations or a very cheap initial consultation, then the concern would be that that firm is looking to reel the client in and possibly charge them a percentage of their total estate or for documents that might not be necessary. In my opinion, it is more likely for an attorney charging a reasonable consultation to advise a person honestly as to what legal action is necessary and what is not. Paying on a percentage basis in an elder law matter typically will result in attorney's fees far greater than paying an hourly or fixed rate. When you do finally visit the attorney's office, make sure you keep in mind that you are the employer and the attorney the employee. I am still surprised that some people come to the office and are extremely nervous as though they're present before a judge at a hearing. I try to explain to people that I am there to serve them and that the final decision will always be theirs. For seniors in particular, this is very important. Sometimes it is the children of an older person that pick the attorney and bring their parent with them to the attorney's office. I have had a number of situations where the older person is not even sure why they were at the office. You do not want to arrive at the office and find that the attorney is having a long and detailed conversation about your assets and well being with your children and not paying any attention to you. You want to be sure that the attorney is working for your benefit and not for the benefit of your children. Reprinted with permission of the Suffolk Times © 2000 [ Contact Us ] [ Guestbook ] [ Email ]  The Law Offices of John M. Bigler, Attorney At Law 1421 Wantagh Avenue, Wantagh, New York 11793-2206 1-888-ELDER-LAW · 516-409-6565 · Fax: 516-409-6522 E-Mail: info@biglerlaw.com · Web Site: www.biglerlaw.com |
Although there are specific concerns when choosing an elder law attorney, most of my suggestions would apply to choosing any type of attorney as well as other professionals. As a general rule, the best way to choose an attorney is through a recommendation from family or friend they trust. Such reassurance always makes a client more comfortable at the initial introduction.
Once you have a referral, the next step is to contact the firm. This is an area that causes many people a great deal of anxiety. I am amazed and quite frankly delighted, at the number of people who call and make an appointment without ever asking to speak with me. Of course, this is easier for the attorney, but from the client's standpoint, it is not advisable. Unless you have a sure fire recommendation from someone you have a great deal of faith in, it makes sense to speak with the person in whom you intend placing your trust.