What to Ask a Prospective Elder Law Attorney

Seasons recent article entitled “Finding an elder care lawyer” provides some sample questions to ask yourself as you consider an elder law attorney, including:

• Is my senior capable of speaking out for themselves, or do they need an advocate to represent their voice?
• Is my senior the type of person to accept abuse without complaining?
• Have there been any other instances of abuse at my senior’s nursing home?
• Is my senior more vulnerable to scams and frauds?
• What services do elder care lawyers provide?

If your senior has suffered legitimate abuse at the hands of their caregivers, you have the right to file a lawsuit against the guilty party. Your elder law attorney can help to assess whether a lawsuit is possible during a consultation. That is an initial meeting with a lawyer. During this meeting, you can discuss your unique situation and your concerns. Based on this information, your lawyer can recommend various paths of action. If a lawsuit is possible, they will guide you forward and help you initiate this legal process.

A lawsuit may be filed against a nursing home, a long-term-care facility, or any other organization responsible for caring for your senior. Once you’ve initiated the action, you’ll have the chance to negotiate with the at-fault party for a settlement. However, if a settlement can’t be reached, your elder law attorney will likely represent your senior in court and fight for their rights in front of a judge and jury. The court will then decide on the penalties and financial awards.

It’s a good idea to ask a few questions during your initial consultation. These questions can help you get a better idea of your lawyer’s personality, their overall philosophy toward elder law and whether they can develop a working relationship with you.

Here are some examples:

• How much experience do you have with elder law?
• How long has your practice been in operation?
• Where did you attend law school?
• Have you taken any additional courses from the bar association or NAELA specific to elder law?
• What is your philosophy toward elder law?
• Have you won any settlements for elder victims in the past?
• How much do you charge?

Reference: Seasons (Aug. 30, 2022) “Finding an elder care lawyer”