Special Needs Alliance, Newsletter on choosing an attorney

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November 2008 - Vol. 2, Issue 19

The Voice, The Official Newsletter of SNA

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Welcome!

You are reading The Voice, the e-mail newsletter of The Special Needs

Alliance. This installment was written by Special Needs Alliance

member Suzuki, of Honolulu, Hawaii. Mr. Suzuki's law practice

emphasizes planning for those individuals with special needs (and

their families). He is a lawyer and assistant instructor for the

University of Hawaii Elder Law Program, a clinical program operated by

the S. School of Law. Mr. Suzuki is also the author

of the regular Legal Briefs column for Generations Hawaii.

Choosing an Attorney to Help With Special Needs Planning

Families with special needs have plenty of difficult decisions to

make. Among these is choosing an attorney to represent them with their

special needs planning.

Selecting an attorney for any purpose can be a challenge. Selecting an

attorney in a field as specialized as this can be overwhelming. This

attorney may impact not only your legal affairs, but also those of

generations to come, some of whom may not be able to advocate for

themselves. There is no shortage of attorneys, but attorneys who can

meet your particular needs may be in short supply.

The first place to look for a qualified special needs attorney is

among friends, colleagues and other professionals. Word of mouth and

positive referrals are usually among the best resources for locating

an attorney, and especially one who must have particular skills. While

there are several other ways to search for a special needs attorney,

three stand out: general public references, attorney rating systems

and professional association memberships.

Many people begin their quest for an attorney by looking in general

reference resources such as the phone directory or the internet.

Anyone who has ever opened the local Yellow Pages or searched for the

term " lawyer " knows how difficult it can be to select among the

thousands of entries returned from such broad searches. The primary

reason for this is that these general reference resources provide a

potential client with little more than the attorney's business address

and stated area of practice (sometimes erroneously referred to as

" expertise " ). Research regarding the attorney's qualifications and

experience may be needed. Lawyer rating services may be helpful.

Over the past several decades, a number of lawyer rating systems have

emerged to help guide potential clients in their quest for the " best "

attorney. A few of the most popular rating systems include

dale-Hubbell, Best Lawyers, SuperLawyers, Who's Who Legal, and

Chambers & Partners. A major benefit of these rating services is that

they each, to at least some extent, provide the public with

information about an attorney's practice and reputation. Certain of

these services provide peer reviews and client comments – both of

which can be useful in narrowing down a list of qualified attorneys.

These rating systems are not, however, entirely objective or flawless.

They are not like on-line dating services—designed (however

imperfectly) to match you with your harmonious attorney counter-part.

Rating systems that may be helpful for consumer products but may not

be as useful in selecting an attorney. One should carefully consider

whether such systems can truly evaluate an attorney's " legal ability "

or professionalism.

The usefulness of rating systems may also be limited because they

usually apply only to general areas of practice. For example, an

attorney might receive a strong rating for the attorney's practice in

Estate Planning. While this rating is a positive indicator that the

attorney could assist with the preparation of a " special needs trust, "

it is also possible that the attorney has never created such a trust

and has focused his or her practice entirely on a different aspect of

estate planning. When choosing a special needs planning attorney, it

may be very important to find an attorney who dedicates a large

percentage of his or her practice to this specialized area. One means

of determining this is to look at professional organizations dedicated

to special needs planning.

Professional organizations can be a good source to research local

attorneys that have a considerable practice in the area of special

needs planning. Professional organizations provide educational and

networking opportunities for members who have similar interests and

practices. Some industry-specific professional organizations even

offer pooled resources to their members. To a consumer, this generally

translates into a higher quality of service. Not only does a client

get the personalized attention from the attorney he or she retains,

but also the benefit of the experience and knowledge of the entire

network. That being said, not all professional organizations operate

at the same level.

Membership in a professional organization does not necessarily mean

that the member takes advantage of all of the potential benefits. Some

attorneys will join organizations simply to enjoy the perceived

credibility they receive by being a member. This practice may be good

business sense, but it does complicate the efforts of a client in

search of a qualified attorney.

Before selecting an attorney on the basis of his or her membership in

a professional organization, it is usually a good idea to understand

the principles of the organization. For example, is membership open to

everyone or do members need to meet certain criteria? Is the

organization for profit, or are the goals of the organization intended

to promote the practice more than the pocketbook?

Someone searching for a lawyer to help plan for a loved one with

special needs should be familiar with the primary choices for

professional memberships. In brief:

The American Bar Association – many, but not all, lawyers belong to

this largest of national bar groups. The ABA provides separate

divisions (or " Sections " ) for focused practitioners. Perhaps the most

relevant to special needs planning is the RPTE (the Real Property,

Trust & Estate) Section. Incidentally, three members of the Special

Needs Alliance are among the leadership of the ABA Section. Membership

in the ABA and/or the RPTE Section is not by itself evidence of

special needs skills, but such membership may reassure the client that

the chosen lawyer is involved in his or her professional community.

The National Academy of Elder Law Attorneys (NAELA) – although the

name of this group emphasizes " elder law " rather than special needs,

it is still the largest national organization with special focus on

special needs planning issues. Membership is voluntary and open to all

interested attorneys. The group holds several annual training and

education programs on the national level, and state Chapters may hold

local seminars as well. The Special Needs Alliance includes several

current, past and future leaders of NAELA, counting at least six

Presidents of that organization among its members. NAELA membership by

itself may not establish special needs expertise, but most special

needs planners do belong to NAELA.

The National Organization of Social Security Claimants'

Representatives (NOSSCR) – this group consists of advocates who

represent those with disabilities seeking Social Security coverage.

Its members may not focus on special needs planning, but instead on

advocacy before the Social Security Administration. Members may be

familiar with their local counterparts in the planning community, however.

The Academy of Special Needs Planners – any lawyer who seeks

additional resources or training can join this national organization,

which focuses on practice development and specialized programs.

Membership indicates at least a strong interest in the field.

The Special Needs Alliance – the only national invitation-only

membership organization for special needs planners. Before being

invited to join, members have already gained a reputation for being

among the best-qualified lawyers in their communities. The Alliance

focuses on cooperative training, problem-solving, and professional

development for its members.

About this Newsletter: We hope you find this newsletter useful and

informative, but it is not the same as legal counsel. A free

newsletter is ultimately worth everything it costs you; you rely on it

at your own risk. Good legal advice includes a review of all of the

facts of your situation, including many that may at first blush seem

to you not to matter. The plan it generates is sensitive to your goals

and wishes while taking into account a whole panoply of laws, rules

and practices, many not published. That is what The Special Needs

Alliance is all about. Contact information for a member in your state

may be obtained by calling toll-free (877) 572-8472, or by visiting

The Special Needs Alliance website.

© 2007 Special Needs Alliance. .