law | Julia's Virtual Assistant Service

I get calls quite often from every day people who want help with the following:

Preparing court papers;

Researching cases;

Preparing a Motion to Dismiss;

Helping the individual answer Interrogatories or Production for Documents;

I do not like to turn business away BUT in the state where I live, which is Missouri and the previous state where I lived Mississippi, a paralegal is prohibited from doing any sort of legal work without the supervision of an attorney! The American Bar Association which oversees most of the attorneys across the country, besides your local bar association, takes practicing law without a license as a very serious offense. There have been paralegals and virtual paralegals who have attempted to do this in the past and their businesses have been shut down, along with a hefty fine!

If you have a legal question PLEASE consult an attorney. They have the experience, the schooling and the know how to see if you even have a case. Most of the time they will give you a consultation for a reduced price or sometimes even free. Do not try to skirt around the law because 9 times out of 10 it will come back to bite you in the butt! :-).

Recently I had the unfortunate problem of having to find an Elder Law Attorney for a problem that arose with handling my mother’s affairs. I found this article by Elder Law Attorney Kerry R. Peck that I wanted to share with everyone. It reads as follows:

If you or a loved one is in need of an elder law attorney, you need to find a litigation lawyer who is not only experienced in negotiating settlements and handling court cases, but also has experience in the specific laws that affect the elderly and their families. Not all lawyers are adept at handling the complexities of elder law issues, which frequently change and require specialized knowledge. You’ll also want an attorney who has the unique blend of respect and compassion needed to work with you or your loved one. Asking the right questions at an initial consultation can help you choose the right representation for your needs.

Most attorneys will give you an initial consultation for free over the phone or in person. Before committing to anyone, ask the following questions:

Do You Specialize in Elder Law?

It may seem obvious, but many people don’t ask this first, crucial question. There are firms that will say they handle elder law cases, but they may not have specific lawyers who specialize in the complex issues surrounding the legal needs of the elderly. Ask about the firm’s attorneys. Is there someone who is strictly a Medicare or guardianship lawyer? Chicago has numerous laws affecting the elderly and you’ll want someone who is up to date on the most recent changes affecting you and your family.

What Areas of Law Does Your Firm Handle?

There are many issues involving the elderly. Be sure to ask about the firm’s experience in a variety of areas. Keep in mind that while you may be looking for a litigation lawyer to represent you for a specific task, it’s likely that you’ll want him or her to continue representing you in the future as your legal needs change. Down the road, you may not need litigation expertise, but need a guardianship lawyer. Chicago attorneys can be adept at both as part of their elder law experience.

Some areas of expertise might include:
• Guardianship issues
• Medicare and Medicaid issues
• Social security and/or disability issues
• Estate planning
• Durable powers of attorney
• Long term care needs
• Elder abuse
• Living wills
• Preservation of assets
• Management of estates and trusts
• Age discrimination
• Retirement, survivor benefits and pension issues
• Competency and mental health issues

Are You A Member Of Any Relevant Organizations?

There are numerous organizations that focus on elder law issues. The best elder litigation lawyers belong to at least one of these organizations in order to take advantage of the many benefits of membership, including advocacy and research opportunities. Two organizations that focus on the unique needs of the elderly include The National Academy of Elder Law Attorneys, Inc, or NAELA, and the Special Needs Alliance. On the local level, ask if the law firm is an active member of the Area Agency on Aging or any equivalent group.

Are You a Super Lawyer?

The designation of “Super Lawyer” is a title granted to only the top 5% of all lawyers in a given area or expertise. Because Super Lawyers are chosen by their peers, this designation is especially impressive; it means that the elder law or litigation lawyer you are speaking to is a trusted professional that other attorneys will turn to when the need arises.

Do You Educate Others About Elder Law Issues?

If an attorney regularly gives lectures or has speaking engagements on various issues facing those 65 or older or is a litigation lawyer called upon to educate others through the Bar Association, you can be sure he or she has an in depth understanding of any issues facing the elderly. Look for attorneys who regularly teach others about retirement issues, estate planning, elder abuse, competency issues, and health care issues involving the elderly.

About the Author:
Kerry R. Peck is a litigation lawyer and the managing partner of the Chicago law firm Peck Bloom, LLC. Kerry concentrates his practice in Trust and Estate Litigation, Estate Planning, Guardianship and Fiduciary Litigation, and Elder Law. His clients include families, hospitals, banks, the State of Illinois, County of Cook, and City of Chicago.
Article Source: http://EzineArticles.com/?expert=Kerry_Peck