How do I choose/find an Elder Law Attorney?
A. Look for specific expertise; ask around - Call the Florida Bar, the Department of Elder Affairs, our local Senior Center and people who have utilized an elder law attorney about who practices in this area. Ask your attorney or another attorney - many times they refer to someone specific and know that individual’s reputation and level of training.
B. Interview the lawyer - Is this what he/she does on a regular basis?
Is he/she active in the Elder Law Section of The Florida Bar? The Academy of Florida Elder Law Attorneys (”AFELA”) and/or the National Academy of Elder Law Attorneys (”NAELA”)? Is he/she certified, either in Florida or at National level?
C. Are you comfortable with him/her? These are personal and emotional issues. You should feel secure and comfortable with the individual and the office staff.
D. Discuss fees/costs up front. If the attorney does not bring this up, you should. Always get an engagement letter or agreement stating generally what services will be provided and what the fees are for those services. It is usual to payout of pocket expenses in addition to the fees. Find out if paralegals or legal assistants are used and if they charge for their time. This is often a good way to reduce the total cost to the client.
E. Be aware of confidentiality and conflicts. Nothing you tell an attorney, verbally or in writing, can be revealed without your permission. If you wish others to speak with the attorney, be sure to let the attorney know who and what issues may be discussed. Be aware of conflicts with other family members and conflicting interests among the family.