What to Ask a Prospective Elder Law Attorney

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POSTED ON: May 24, 2023

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 care lawyer, 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 lawyer 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?

WHAT TO ASK A PROSPECTIVE ELDER LAW ATTORNEY- The Law Offices of Claude S. Smith, III

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

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We understand this process can be difficult. We ease you through it with your best interest in mind.

Legal problems are extremely stressful, especially when your family, your health, or your freedom are at stake. At this point in time, you may not even be sure what kinds of questions you need to ask a lawyer, but that’s entirely normal. Whether your situation involves family law, estate planning, elder law, a criminal charge, or a personal injury, we will start by giving you all the information you need.

The way we see it, you deserve to get this information directly from an expert. That’s why we make it easy for you to get in touch with your lawyer, and we never ask you to sit down with a paralegal or assistant instead.

As our relationship continues, we will keep you updated about the status of your case every step of the way. Your lawyer will reach out regularly to tell you about any new developments, and he will also be happy to answer any questions you have throughout the process.

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