Elder law comes of age
Lawyers in specialty get cookies instead of curses

by Heather B. Hayes
for Virginia Business
December 2005

Making an argument in a courtroom may be the career pinnacle to which many young lawyers aspire, but not Bill Fralin. This former litigator gave it all up to help seniors plan for long-term care, fill out Medicaid applications and set up trusts and medical power-of-attorney documents. For some lawyers, the idea of dealing daily with the elderly and their problems might seem like glorified social work, but Fralin, president of the Estate Plan-ning and Elder Law Firm in Alexandria, loves his job.

“A lot of areas of the law can be really nasty and hateful — divorce, criminal, civil litigation — but not this one,” he states. “My clients are extremely appreciative of what I do for them. They give me hugs, bake me cookies. It’s all very warm and fuzzy.”

Elder law is growing as a specialized practice. By 2008 the first of the country’s 79 million baby boomers will be eligible for Social Security benefits, and they will need lawyers who can address the complicated issues facing retirees and their families. Lawyers are beginning to respond to the demand. Membership in the National Academy of Elder Law Attorneys (NAELA) has increased 34 percent since 2000 to 4,900 members.

“I tell people all the time: This is going to be a really good area of the law for at least the next 50 years,” says Donna Bashaw, president-elect of NAELA. “It is growing and it will continue to grow, and just about everyone is affected or will soon be affected because their parents are aging, their spouse is aging and they themselves are aging.”

Elder law attorneys and others say the specialty is critical, since many seniors may get caught in what’s developing as an ominous geriatric storm. At the same time medical care is advancing and life expectancies are rising, corporate safety nets and senior entitlement programs are faltering. “People are living longer, but not all of them are necessarily living better,” says R. Shawn Majette, an elder law attorney who heads up the elder law section at Thompson & McMullen in Richmond.

As people increasingly survive into their 80s and 90s, they are more likely to face dementia, Alzheimer’s, physical disability or depression, scenarios that can result in civil commitment proceedings, bankruptcy and elder abuse. “A good elder law attorney can help people realize what could happen and help them prepare properly so that their wishes are carried out and their best interests and those of their family are served,” says Majette.

Elder law attorneys ultimately serve as advocates for their clients, bridging the various legal issues in divergent areas, such as health care, finance, housing, insurance and public-benefit programs. “A lot of people think of elder law as a very narrow boutique area of the law, but it’s actually quite broad,” says Bashaw, noting that tasks include everything from representing clients in fiduciary matters to filing age discrimination suits to protecting elders against financial fraud and abuse — both from the outside commercial world and within the person’s family.

“There’s a lot of hand holding involved,” says Fralin. “It’s not corporate law, where someone asks you to do the paperwork for five corporations and then drop it in the mail. You deal with people face-to-face, so it’s very personal. There’s also a lot of crisis planning and emotions can run high.”

Accordingly, top elder law attorneys must possess exceptional people skills, including patience, empathy and active listening. They also must be able to litigate, advocate, cut through regulatory red tape and work cooperatively with health providers and families.

Since the work often involves estate planning, it can be financially rewarding. The work schedule also is a lot more predictable than specialties beholden to judges and corporate CEOs. Typically, unless there’s a sudden emergency or death, elder law attorneys are home in time for dinner and have weekends off.

Still, the most important and gratifying benefit to this type of work is probably not intellectual or financial. “Your mom will be really proud of you,” says Majette, “because you’ll be helping her and you’ll be helping other people’s moms too.”