the alliance special needs newsletters

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November 2008 - Vol. 2, Issue 19

The Voice, The Official Newsletter of SNA

· how we help families

· how we help professionals

· related topics

· more about us

· Welcome!

You are reading he 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. .