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You are invited to participate in a research study that seeks to better understand the field of elder law, to identify the kinds of training that would benefit law students and lawyers wishing to practice in the field, and to formulate recommendations for the field’s future development.

Your requested participation is to complete the following multi-question survey which is being conducted as part of Phase II of this study. The findings of Phase I of the study were presented in Nina A. Kohn & Edward D. Spurgeon, Elder Law Teaching and Scholarship: An Empirical Analysis of an Evolving Field, 59 JOURNAL OF LEGAL EDUCATION 414 (2010).

The survey asks about your approach to the practice of elder law, your thoughts about the field, and your suggestions for the further development of the field. For the purposes of this study, we define "Elder Law" as “a specialized area of law focused on counseling and representing older persons or their representatives on later-in-life planning and other legal issues of particular importance to older adults. Unlike many other areas of the law, elder law is defined primarily by the client population to be served, not by a distinct set of legal doctrines.”

Your participation is entirely voluntary. Once you begin the survey, you have the right to discontinue this survey at any time. By completing the survey, in whole or in part, you confirm that you are at least 18 years old and evidence your informed consent. No further consent on your part is needed or expected.

The co-principal investigators of this study are Associate Professor Nina A. Kohn of Syracuse University College of Law ([email protected]; 315-443-6565) and Edward D. Spurgeon, Executive Director of the Borchard Foundation Center on Law and Aging ([email protected]). Please feel free to contact either at any time with any questions about the research.

While entirely voluntary, your participation in this survey is nonetheless critical to the success of this research. It is therefore earnestly hoped that you will generously take the time (estimated to be fifteen minutes) to complete the survey.
 
 
 
* Have you practiced law?
 
Never (please select this answer if you are either not a lawyer or are a lawyer but have never practiced law)
 
some, but less than 5 years
 
5-10 years
 
11-15 years
 
16-20 years
 
more than 20 years
 
 
 
* Do you practice elder law?
 
Yes: Exclusively
 
Yes: Not exclusively, but it is at least 50% of my practice
 
Yes: But it is less than 50% of my practice
 
No: But I have previously practiced elder law
 
No: I have never practiced elder law
 
 
 
* How long have you practiced elder law?
 
less than 5 years
 
5-10 years
 
11-15 years
 
16-20 years
 
more than 20 years
 
 
 
* Did you study elder law in law school?
 
Yes, in an elder law clinic
 
Yes, in a doctrinal elder law course
 
No
 
Yes, in some other capacity (please specify):
 
 
 
 
What impact has your law school elder law education had? Please check all that apply.
 
It helped prepare me to practice elder law
 
It helped prepare me to practice areas of law other than elder law
 
It has not been of use
 
It has helped me in another way (please specify):
 

 
 
 
* What sector do you work in?
 
A private law firm
 
Business, other than law firm
 
Government
 
Non-profit focused on providing direct legal services
 
Other type of non-profit
 
Legal Education
 
Other (please specify):
 
 
 
 
Please specify the number of lawyers employed at the firm where you practiced elder law?
   
 
 
 
Why did you initially begin practicing elder law?
 
I was offered an elder law-related position
 
I expanded my practice to cover it because of client interest/potential
 
I knew I wanted to practice elder when I when I entered legal practice
 
Other (please specify)
 
 
 
 
What issues do you frequently deal with as part of your elder law practice? Please check all that apply.
 
Age discrimination
 
Social security
 
Pensions
 
Medicare coverage
 
Medicaid coverage
 
Other forms of health coverage
 
Estate planning
 
Medicaid planning
 
Nursing home rights and/or litigation
 
Guardianship and its alternatives
 
Advance directives
 
End-of-life issues
 
Elder abuse
 
Senior housing
 
Grandparent's rights
 
Disability rights
 
Complex ethical issues
 
Other (please specify):
 

 
 
 
What aspects of elder law practice do you find most satisfying? Please check no more than THREE.
 
The level of client interaction
 
The legal issues theories
 
The opportunity to engage in multi-disciplinary practice
 
The opportunity for professional recognition
 
The opportunity to have a financially profitable practice
 
The opportunity to help people
 
The lifestyle/schedule it affords
 
The location
 
None
 
Other (please specify):
 

 
 
 
How did you hear about this survey?
 
From NAELA
 
From a state bar organization
 
From the national elder bar listserv
 
Other (please specify):
 
 
 
 
How strongly do you agree with the following statement: Elder law is a growth field.
 
Strongly agree
 
Agree
 
Neither agree nor disagree
 
Disagree
 
Strongly disagree
 
 
 
How strongly do you agree with the following statement: There are ample opportunities for employment in elder law.
 
Strongly agree
 
Agree
 
Neither agree nor disagree
 
Disagree
 
Strongly disagree
 
 
 
How strongly do you agree with the following statement: There is a need for more elder law attorneys.
 
Strongly agree
 
Agree
 
Neither agree nor disagree
 
Disagree
 
Strongly disagree
 
 
 
How strongly do you agree with the following statement: Elder law attorneys need more opportunities for professional development.
 
Strongly agree
 
Agree
 
Neither agree nor disagree
 
Disagree
 
Strongly disagree
 
 
 
As a general matter, the current quality of attorneys practicing elder law is:
 
Excellent
 
Good
 
Satisfactory
 
Poor
 
I don't know
 
 
 
In your opinion, what are the most important things that law schools or the practicing bar could do to help the field of elder law grow in a positive way? We are interested in any ideas you might have. Please try to be as specific as possible.
   
 
 
 
In your opinion, should law schools offer instruction in elder law?
 
Yes
 
No
 
Undecided
 
 
 
Which of the following are important for an elder law attorney to possess? Please check all that apply.
 
Courtroom/trial practice skills
 
Practice management skills
 
Legal research skills
 
Client interviewing and counseling skills
 
Ability to work with professionals in other disciplines
 
Knowledge of the law
 
Knowledge about community services for older clients
 
Knowledge about aging
 
Negotiation and alternative dispute resolution skills
 
Other problem-solving skills

 
 
 
Which THREE of the following are the most important for an elder law attorney to possess? Please check exactly three.
 
Courtroom/trial practice skills
 
Practice management skills
 
Research skills
 
Client interviewing and counseling skills
 
Ability to work with professionals in other disciplines
 
Knowledge of the law
 
Knowledge about community services for older clients
 
Knowledge about aging processes
 
Negotiation and alternative dispute resolution skills
 
Other problem-solving skills

 
 
 
In your opinion, which of the following should law schools do to prepare students to succeed in the practice of elder law? Please check all that apply.
 
Offer elder law specific doctrinal courses
 
Offer elder law specific clinical courses
 
Integrate aging issues throughout the law school curriculum
 
Teach client counseling and interviewing skills
 
Teach legal reasoning
 
Teach courtroom/trial practice skills
 
Teach negotiation and conflict resolution skills
 
Teach practice management skills
 
Other (please specify):
 

 
 
 
In your opinion, which THREE of the following are the most important for law schools to do in order to prepare students to succeed in the practice of elder law? Please check exactly three.
 
Offer elder law specific doctrinal courses
 
Offer elder law specific clinical courses
 
Integrate aging issues throughout the law school curriculum
 
Teach client counseling and interviewing skills
 
Teach legal reasoning
 
Teach courtroom/trial practice skills
 
Teach negotiation and conflict resolution skills
 
Teach practice management skills
 
Other (please specify)
 

 
 
 
Do you have additional suggestions for how law schools offering elder law education best prepare students to succeed in the practice of elder law? If so, what are they?
   
 
 
 
Do you find that there are sufficient continuing legal education (CLE) offerings for elder law practitioners?
 
Yes
 
No
 
Unsure
 
 
 
What additional CLE opportunities are needed and why?
   
 
 
 
Which, if any, of the following do you find helpful in informing your elder law practice? Please check all that apply.
 
National Academy of Elder Law Attorneys (NAELA)
 
National Elder Law Foundation (NELF)
 
American Bar Association (ABA)
 
State or local bar associations
 
Elder law sections of state or local bar associations
 
Elder law related blogs
 
Elder law related listservs
 
Other (please specify):
 

 
 
 
What elder law related blogs do you find helpful in informing your elder law practice?
   
 
 
 
Which elder law related listservs do you find helpful in informing your elder law practice?
   
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