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Posts Tagged ‘Attorney’

The Importance of Elder Law

Tuesday, March 29th, 2011

Just a few short years ago, you probably had never heard the expression “Elder-Law”. Today however, it is becoming a practice that is gaining more widespread acceptance. It is loosely defined as laws that affect the elderly. However, this is only part of the story. Here are the most common aspects in the United States.

Elder-Law Certifications:

While certification is voluntary, many seniors are advised to seek the counsel of a Certified Elder-Law attorney. The certification requires proof from these attorneys that the following criteria are met:

* licensed to practice law in at least one state
* be actively practicing law for five years prior to applying for certification
* must be a member in good standing in the bars where they are licensed to practice
* have to display that they have averaged 16 hours per week to elder law over the 3 years prior to application plus handled at least 60 elder law cases during that time
* have participated in Continuing Education focused on elder law
* must provide five references from other attorneys with qualifications in elder law
* must pass the elder law certification exam

If an attorney has received certification, you should be able to identify them by the certification initials that follow their names, namely CELA.

Type of Advice available Practices:

It is not as simple as it may seem at the outset. Attorneys who elect to specialize in elder law agree that they will assist not just elderly clients, but their caregivers in many cases as well. These attorneys may be involved in planning for health and personal care, helping with powers of attorney, helping with financial aspects including housing, and tax matters. In addition, elder law also encompasses such things as asset protection, public benefits and more.

It may also delve into more familial matters such as grandparents’ rights, age discrimination for employment, will and trust planning as well as planning for aging and assisting well spouses with planning for long term care for their spouses who are incapacitated. Specialists may also get involved in capacity hearings, guardianship and patients’ rights while under care at medical facilities.

Protection of Seniors:

In addition to the items mentioned above, there is sadly much reason for us to be concerned about the treatment of the elderly. As economic conditions become increasingly dire for larger percentages of the population it is not unusual for senior citizens to become the target of scams. In addition, family members may begin taking advantage of their elder parents and in some cases this can lead to cases of abuse. It is becoming more critical for those whom are elderly to have their own advocates. This is where the law becomes a critical function in the legal field.

As the population growth spurt known as the Baby Boom ages, we are bound to see more need for protection for ourselves or our loved-ones as they age. We may glad to know that this specialty is available for our support and the defense of our rights.

Legal Services on Contingency Basis

Friday, March 18th, 2011

Rendering legal services on a contingency basis means that the client will not initially pay any amount of money as attorney’s fees to the lawyer. The lawyer will not charge any acceptance fee, nor any retainer’s fee or any appearance fees upon the client. In this kind of arrangement, the lawyer and the client agree that there will only be payment of attorney’s fees if and when and only in the event that the client’s personal injury lawsuit has been successfully litigated by the lawyer for and in behalf of the client. In short, the lawyer will only be paid if the client’s personal injury case has been won by him. If not, or if the case was unsuccessful, the lawyer will not get anything from the client as attorney’s fees.

At present, the contingency arrangement between a lawyer and a client is becoming more popular. This gives the client the opportunity to file a personal injury lawsuit against the negligent person who caused his or her personal injuries even without spending any amount of money just for the payment of attorney’s fees. This will also help clients to consider filing the personal injury case right away without hesitation or hindrance because of lack of money to finance his or her personal injury lawsuit. So what are you waiting for? Now that you know that there are lots of lawyers offering legal services on a contingency basis, you should already have the courage of pursuing your personal injury lawsuit. There’s no need to hold back and be discouraged. Go and get ready to file your personal injury claim with the help of a lawyer who agrees to render legal services on a contingency basis.