In a recently published national survey of elder law attorneys, virtually all respondents classified elder law as a growing field, and nearly three-quarters of them saw a need for even more practitioners. The field appears to be especially satisfying for those who thrive on a high level of client interaction, leading the researchers to conclude that clinical elder law courses in law school are particularly important.
The survey was conducted by two law professors, Nina A. Kohn and Edward D. Spurgeon, who were investigating how to prepare future lawyers for elder law practice and to ensure that those currently practicing have the necessary training to provide high-quality legal services to clients. The results of the survey were published in The Elder Law Journal in an article titled “A Call to Action on Elder Law Education: An Assessment and Recommendations Based on a National Survey.” Kohn is a professor of law at the Syracuse University College of Law, while Spurgeon is a professor of law at the University of Utah College of Law and co-director of The Borchard Foundation Center on Law and Aging, which he founded.
Although Kohn and Spurgeon’s article was published in 2014, their survey was conducted from December 2010 through October 2011. Respondents consisted of 270 elder law practitioners and 23 law school professors who teach elder law. More than a third of the attorney respondents practiced elder law exclusively, and elder law constituted the majority of the practices of more than three-quarters of them. Sixty percent had practiced in the field 11 or more years, and most were either members of small law firms or solo practitioners.
Many Practitioners Now Choosing Elder Law Right Out of Law School
Kohn and Spurgeon found that the growth of the field of elder law is reflected in the correlations between time in the field and how the practitioner entered it. While less than 10 percent of those with 20 or more years of experience and 17 percent of those with 11 to 20 years deliberately chose the field upon graduating from law school, more than half of those in law practice for less than five years reported that they knew they wanted to practice elder law when they began to practice.
Although the survey was taken in what the authors characterize as “the middle of a downturn in the overall market for legal services,” 93 percent of participants classified elder law as a growth field, and 68 percent thought there were ample job opportunities in the field. Nearly three-quarters of practitioner respondents said there is a need for more elder law attorneys, whereas only 8 percent said there is no such need.
What’s Most Important and Most Satisfying About Elder Law
At least one-fifth of practitioner respondents frequently deal with 15 of 17 practice areas presented as options, leading with advance directives and Medicaid coverage. The two areas of least involvement were grandparents’ rights and age discrimination.
The part of elder law practice that attorneys found most satisfying was “the ability to help people.” This was followed by “level of client interaction” and “opportunity for multi-disciplinary practice.” The authors report that “many of the open-ended comments to the practitioners survey suggested that respondents felt an emotional connection to the field and their clients.”
The skills that practitioners viewed as most important in elder law appear to be client interviewing and counseling, knowledge of community services and knowledge of law, in that order. Least important were legal research and courtroom or trial skills.
Two-thirds of respondents (both practitioners and elder law professors) reported that the current quality of attorneys practicing elder law is either good or excellent. However, 23 percent described it as only satisfactory, and 9 percent called it poor. The authors note that it is unclear whether these views mirror the participants’ opinion of attorneys in general.
Elder Law Courses Are Good Preparation
More than 90 percent of respondents thought that law schools should offer elder law instruction, and all the professors offered this view. Of those who had taken an elder law course in law school, 84 percent said it helped prepare them to practice in the field. Those who had taken a clinical elder law course were more positive than those who had taken doctrinal courses.
Significant Minority Find Continuing Education Deficient
One-quarter of practitioners believe opportunities for continuing legal education on elder law are insufficient. Themes emerged in open-ended questions: current CLE offerings tend to focus on wealthier clients, there is a need for advanced CLE opportunities that respond to new laws or regulations, and there should be greater focus on ethics and elder abuse.
Kohn and Spurgeon make a series of recommendations, including that all law schools offer elder law courses – both doctrinal and clinical – and consider offering students a concentration and certification in elder law.
To read their article’s abstract and download the article for free from SSRN, click here.
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