The problem(s): Lex apparently wrote the Will, exerted “undue influence,” and was the only witness to its execution (as well as being on her proverbial death-bed).

1. Are you board certified as a specialist in elder law by the state Bar association? Note that some states do not have board certification. For those that do, board certification is a stamp of quality assurance. If the state does not have board certification, ask if the lawyer is certified by the National Elder Law Foundation.

2. Are all of the documents and all of the needed advice and services included in the quoted fee? What is not included in the fee? If billing is hourly, will I have to pay every time I have a question? Is every document priced separately?

3. [If planning for Medicaid or other public benefits] What if I am denied eligibility for Medicaid, etc? Will there be additional fees for appeals and if so, what are those fees? Have you handled any Medicaid appeals? How many? How many of your own clients have been denied eligibility for Medicaid?

4. Is the attorney a member of the National Academy of Elder Law Attorneys (NAELA)? Membership in NAELA is open to any lawyer so membership in and of itself does not mean that the lawyer has any special skills, experience or training but every lawyer that does is a member.

5. Does the attorney get paid from any source other than the client? Does the attorney get paid by insurance companies or take a commission as a result of a sale of different products the attorney may advise his or her clients to purchase?

6. [If applying for any programs of assistance] Does this firm have dedicated staff to handle the application process? What is my role in the application process? If staff is handling any part of my case, what is the qualification of those staff persons?

7. Have you ever been sued for malpractice?

8. Have you ever been the subject of a Bar complaint? Note that some state Bar association will give you this information just by your calling them.

9. Can the attorney assist you in planning for Veteran’s benefits as well as for Medicaid benefits?

10. Does the law firm out-source application services or other aspects of the representation to persons outside of the firm and who are therefore beyond the supervision of the firm and beyond the insurance coverage of the firm?

11. Will the attorney make house calls as necessary?

12. Is the attorney a member of the American College of Trust and Estate Counsel (ACTEC)? ACTEC membership is available by invitation only and requires a strict vetting process. ACTEC attorneys are widely considered to among the highest qualified in the country. See www.actec.org.

13. Has the attorney published work in professional journals or law books on the subject matter of import to you?

14. Has the attorney held positions of leadership in the field of Elder Law? Elder Law Attorneys know who is reliable and who is not. Find the attorneys who lead the organizations and you will almost always find a top-shelf speciman.

15. How much does the firm spend on advertising? If the firm relies heavily upon newspaper, radio or other advertising, you have less assurance than from a firm which must constantly impress its referral sources as its primary source of business.

Note that not every attorney needs to meet every criteria to be the right attorney for you. These questions are also the author’s opinion of important qualities in an Elder Law Attorney but there are other intangible qualities that matter as well. One of the most important is your sense of the attorney’s character, judgment and communication ability. You can have the best lawyer in the world but if he cannot make himself understood, it might not matter.

One more VERY important point: You are worth it and yes, your selection of attorney will matter. You must use your skills, intuition and advice of others to find the right Elder Law Attorney for you.

The “right” Elder Law Attorney for you does not mean it has to be thes “best” Elder Law Attorney but why not?! People have a tendancy to underestimate the importance of their choice of lawyer. It is far too easy to pick a lower priced lawyer and/or one who is quicker to get in to see. This decision though can have an enormous impact on outcome. Do not base your decision on thoughts like: “My case is simple. I do not need a fancy lawyer” or “I am not that rich. I do not need a lawyer like that.”

It is not always the case but if the lawyer is very busy and you must wait to get an appointment, that is a very good sign. There is a reason the attorney is in demand. If they seem to be waiting by the phone for your call, that should give you pause. Busy lawyers are busy for a reason. If they are busy, that does not necessarily mean they are hard to reach. For non-clients that may be the case but for an attorney to stay successful and busy, the attorney must earn a reputation for taking care of his or her clients.

To learn about the background and expertise of the lawyers of Solkoff Legal, P.A., click here. The Internet gives you great tools to help find the right Elder Law Attorney. Go to www.naela.org, www.actec.org to view their membership rosters and go to www.thomsonwest.com to see who other lawyers look up to as the lawyers to write the book on the subject.

Designed by architect James Downey of S&D Architecture, the new suite of offices have special lighting, fixtures and other design details all geared toward a better result for the firm’s clients. With lava rock walls, Jerusalem limestone and natural and renewable wood accents, the firm’s new main office evokes the stability and reputation of the firm while impacting the senses as a soothing natural environment. Says Scott Solkoff, “We recognize that people often come to us at times of great personal and family challenges. I asked James [the architect] to design our new space to put people at ease without the intimidation of the traditional law office.” The space also reflects the way the firm works with 4 collaborative conference rooms and an intuitive work flow.

The new offices are located at 2605 West Atlantic Avenue in Delray Beach in Suite A-103. There are four buildings in the Coral Trace Office Park. The offices are located in the western half of the bottom floor of the building fronting Atlantic Avenue. The building is located between Congress Avenue and Military Trail on the north side of Atlantic Avenue.

Two years in production, this four-part, six-hour series crosses the country from hospitals to hospices to homes to capture some of the most intimate stories ever filmed and the most candid conversations ever shared with a television audience.

The Need to Plan: Program 1
Dr. Pat Caralis, University of Miami/Jackson Medical Center

Discussing Advance Directives: Program 2
Dr. Diane Meier, Hertzberg Palliative Care Center, Mt. Sinai School of Medicine with Bill Moyers
Hospice and Support: Program 1
Terminal Esophageal Cancer Patient Dr. Bill Bartholome and his wife, Pam Roffol Dobbies

View more of these videos.

ON OUR OWN TERMS: Moyers on Dying was produced by Public Affairs Television, Inc. and presented on PBS by Thirteen/WNET New York. Video tapes of the series may be ordered by calling Films of the Humanities at 1-800-257-5126.

A recently released video tape shows Anna and her husband, Howard Marshall, in a variety of settings including one in which he states the property he wishes Anna to receive upon his death.
Follow this link to watch an ABC News report which includes excerpts from this video.

Thanks to Professor Gerry W. Beyer’s blog for bringing this to our attention.