finding an attorney who knows family law and representing an adult with a disability

by Dr. William Dicki Sr. 4 min read

Finding a disability attorney could consist of asking around for referrals, or conducting an internet search. As the disability legal practice is quite broad, there is likely to be ample listings of lawyers in different locations. If you have a disability, you could also be economically limited in your ability to pay for an attorney.

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How do I find a good disability lawyer?

Finding Disability Lawyers. Nolo offers a unique directory of disability lawyers that provides a comprehensive profile for each attorney with information that will help you select the right attorney. The profiles tell you about the lawyer's disability experience, education, and fees, and perhaps most importantly, the lawyer's general philosophy of practicing law.

Do I need a lawyer to represent me at a disability hearing?

Dec 21, 2021 · A disability lawyer can help you out with the Social Security Administration when filing for your disability claim. But knowing where to start is a difficult process. LegalMatch has a wide listing of lawyer networks for you to choose from. Click here or call (415) 946 - 3744 to ask for disability lawyers

How to find a good family lawyer?

Those who have a disability advocate or a Social Security Disability attorney representing them are much more likely to have their claim approved. You may be concerned about affording an attorney or advocate to represent you throughout the disability claims process. Disability attorneys and advocates take cases on the contingency basis.

When do you need a Social Security disability lawyer?

Jul 05, 2017 · What is the difference between a disability lawyer and a non-attorney advocate? During your research for a lawyer, you might run across something called a non-attorney advocate. This is a person who has not been to law school or passed the bar exam, but is legally qualified to represent you at a Social Security disability hearing.

What is elder law in Texas?

Elder law is an area of legal practice that specializes on issues that affect the aging population. The purpose of elder law planning is to prepare the elderly person for financial freedom and autonomy through proper financial planning and long-term care options.

Can you tell anything to a lawyer?

If you are charged with or accused of committing a crime, talk to a lawyer. Your lawyer is there to fight for you. You and your attorney can decide how much information to share about the facts underlying the case.

Are lawyers allowed to represent family members?

Lawyers are allowed to represent their family members. Lawyers have a duty to provide objective and unbiased representation. ... However, emotional conflicts may interfere with proper discharge of this duty when family members are involved in the case.Nov 29, 2011

What should you not say to an attorney?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

Is what I tell my lawyer confidential?

Most, but not necessarily all, of what you tell your lawyer is privileged. The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to.

Is it unethical for a lawyer to represent family?

While there is nothing unethical about representing your family members, per se, you do run into the possibility of navigating into ethical gray zones. For example, offering legal advice at a family dinner or gathering could land you in an unintentional attorney-client relationship.

What is a conflict of interest for lawyers?

A “conflict of interest” is defined in the Rules as the existence of a substantial risk that a lawyer's loyalty to or representation of a client would be materially and adversely affected by the lawyer's own interest or the lawyer's duties to another client, a former client or a third person.

Can lawyers represent their spouses?

Yes, as long as there is no conflict of interest in doing so. Partner, of course, can mean romantic partner and it can mean business partner. But it doesn't really matter. It is perfectly acceptable for a lawyer to represent either one, as long as none of the usual reasons preventing representation do not apply.

What Should I Look for in a Disability Lawyer?

The first thing you should consider when hiring a disability lawyer is whether the lawyer is qualified in dealing with your type of disability issue. Beyond that, you should consider whether the lawyer is in good standing and is a professional when dealing with your case.

Where Can I Find a Disability Lawyer?

The internet has made it easier to find service providers, like attorneys. The disability legal practice is quite broad so there are likely to be listings of lawyers in different places.

Hiring a Disability Lawyer: What is The Nature Of Your Claim?

As indicated above, disability laws are quite complex and often touch on a variety of other areas of law. So before you hire a lawyer for your disability claim, it’s important to understand the nature of your claim so you find the right one.

Should I Consult With a Lawyer to Help with My Disability Related Lawsuit?

Disability issues can impact different areas of the law so it is important that you find a social security lawyer who can expertly handle all aspects of your case. You might even consider reaching out to some of the free and reduced costs services like local legal clinics and legal aid centers.

What to do if you are unable to work?

If you are unable to work and are seeking disability benefits, there are many ways that a lawyer can help your claim. First off, the key to a successful case is hard medical evidence and other supporting documentation that proves your condition is so limiting you are unable to work.

Do disability attorneys get paid?

Disability attorneys and advocates take cases on the contingency basis. This means that your advocate or lawyer isn ’t paid until your claim is approved and you get disability benefits.

What happens if you get denied Social Security?

When your initial claim for Social Security disability is denied you will have to go through an appeal process. People who have legal representation at this stage are often more successful in being approved for benefits than those who decide to go on and represent themselves.

How long does a disability last?

To receive disability, the condition must be expected to last a year or longer or it must be expected to culminate in your death. Disability claims can be complicated, and the odds of having a claim approved aren’t always in the favor of the disabled worker. Those who have a disability advocate or a Social Security Disability attorney representing ...

Can an attorney represent you at a hearing?

An attorney can represent you at this hearing and will be able to help you prepare for questioning at the hearing. An attorney will be able to determine what kinds of questions you will be asked and will be able to help you determine the best way to proceed with your claim.

What happens if a claim is denied?

After the claim is denied, you will file a request for reconsideration. Upon the reconsideration review, very few claims are approved. After the second denial, you can request a hearing before an administrative law judge.

How long does it take to get backpay?

You cannot receive backpay for more than 12 months before your application date minus the five-month waiting period. However, it can often take several months to have a disability claim approved and those months are added into the count for backpay.

What is a disability lawyer?

Your Social Security Disability (SSD) lawyer helps you get the maximum disability benefits from the Social Security Administration (SSA). An attorney gathers evidence, submits paperwork, and constructs your claim so it has the greatest chance of a favorable outcome. Once the SSA makes a final decision on your case, ...

What is a non-attorney advocate?

This is a person who has not been to law school or passed the bar exam, but is legally qualified to represent you at a Social Security disability hearing. The requirements for becoming a non-attorney advocate are as follows:

What is attorney-client privilege?

Attorney-client privilege laws ensure anything you tell your lawyer remains confidential; Attorneys have more years of education and more thorough training; and. Attorneys can appeal your claim to an even higher court if the need arises. Non-attorney advocates have no standing beyond the Social Security system.

What is an individual lawyer?

Individual lawyers (also called attorneys) are experts in different areas of the law. Some attorneys specialize in a certain field of law, such as business, civil, criminal, or juvenile law. You will need to determine which type of attorney is right for your legal situation.

How long does bankruptcy stay on your credit report?

Keep in mind, Chapter 7 bankruptcy information stays on your credit report for 10 years. This can make it hard to get credit, buy a home, receive life insurance, or get a job. Learn more about bankruptcy, and other options for dealing with debt .

What is the ADA?

ADA Lawyers. The Americans with Disabilities Act (ADA) is an important piece of civil rights legislation that became law in 1990. It prohibits discrimination against people with disabilities in workplaces, schools, transportation, and essentially in all areas of public and private life.

When was the ADA amended?

The original five titles of ADA were amended in 2008 with the passage of the Americans with Disabilities Act Amendments Act (ADAAA), which made substantial changes to the definition of "disability.".

What is disabled person?

A disabled person is someone with a mental or physical impairment that "substantially limits one or more major life activity.".

How to find a lawyer for a lawsuit?

Here are a few other sources you can turn to for possible candidates in your search for a lawyer: 1 The director of your state or local chamber of commerce may be a good source of business lawyers. 2 The director of a nonprofit group interested in the subject matter that underlies your lawsuit is sure to know lawyers who work in that area. For example, if your dispute involves trying to stop a major new subdivision, it would make sense to consult an environmental group committed to fighting urban sprawl. 3 A law librarian can help identify authors in your state who have written books or articles on a particular subject -- for example, construction law. 4 A women's or men's support group will probably have a list of well-regarded family and divorce lawyers.

What is Nolo lawyer directory?

Nolo offers a unique lawyer directory that provides a comprehensive profile for each attorney with information that will help you select the right attorney. The profiles tell you about the lawyer's experience, education, and fees, and perhaps most importantly, the lawyer's general philosophy of practicing law.

How much does a lawyer charge an hour?

Lawyers, of course, are prime sources of this information, but if you bought all the needed information at their rates -- $150 to $450 an hour -- you'd quickly empty your bank account.

Do lawyers work with you?

Fortunately, many lawyers will work with you to help you acquire a good working knowledge of the legal principles and procedures you need to deal with your problem at least partly on your own. If you are hoping to represent yourself and use a lawyer only for advice, make sure the lawyer is open to that type of set-up.

What is a lawyer referral service?

Lawyer referral services are another source of information. There is a wide variation in the quality of lawyer referral services, however, even though they are required to be approved by the state bar association. Some lawyer referral services carefully screen attorneys and list only those attorneys with particular qualifications and a certain amount of past experience, while other services will list any attorney in good standing with the state bar who maintains liability insurance. Before you choose a lawyer referral service, ask what its qualifications are for including an attorney and how carefully lawyers are screened.

What can a law librarian do?

A law librarian can help identify authors in your state who have written books or articles on a particular subject -- for example, construction law. A women's or men's support group will probably have a list of well-regarded family and divorce lawyers.

Why are children removed from their parents?

Children who are removed from their parents because of parental disability experience the same trauma from separation and loss of the primary caregiver that they face in dependency cases . [ 583] Moreover, Callow, Buckland, and Jones believe that “these children also have a greatly increased risk for postremoval maltreatment. As a biased response to the parent’s disability, court officers, evaluators, and mediators are frequently in a rush to justify a move from the parent with a disability to a typical or able-bodied caregiver. This brings the courts to accept alternatives that would be unacceptable were the disability not a factor. Unlike Callow’s experiences with the general population in family court cases, [she] finds that children with a parent who has a disability are more frequently placed with the other (nondisabled parent) or an extended family member who has a history of abuse, addiction, poor decision making or parenting; has had little or no contact with the child; or will not be a ‘friendly parent’; that is, one who will facilitate an ongoing relationship between the child and the parent with a disability.” [ 584]

What is family law?

The family law system deals with a variety of domestic relation matters, such as marriage, divorce, domestic abuse, prenuptial agreements, child support, and child custody and visitation. This chapter focuses on the family law system’s involvement in child custody and visitation. The Constitution protects the fundamental right to parent without ...

Do parents with disabilities have legal representation?

Compounding an already arduous situation in the family law system, parents with disabilities face a complete lack of guaranteed legal representation and a plethora of barriers to meaningful participation. While parents have a right to representation in dependency cases in the majority of states, “there is no corps of family law specialists comparable to the public defender system that is educationally, administratively, and financially prepared to represent the rights of the indigent parent.” [ 566] Indeed, obtaining appropriate and effective legal representation is often the first obstacle a parent with a disability faces in a child custody case. Whereas in dependency cases parents with disabilities generally have a right to counsel, no such right exists in custody and visitation matters—litigants must fund their own legal representation. Parents with disabilities often have limited incomes and more expenses than parents without disabilities. [ 567] They are less likely to have the financial resources to retain private attorneys. [ 568] Similarly, court costs and filing fees present significant barriers for parents with disabilities. [ 569]

What is Lindsay's disability?

Like Abbie, Lindsay has an acquired brain injury. Although Lindsay had had custody for a while, the father of her children wanted to establish a more formal agreement.

What is Paul's story?

Paul’s story demonstrates the gravity of the situation faced by many parents with disabilities who are involved in the family law system. [ 555] . Paul was a father with quadriplegia and a stay-at-home parent for his three-year-old son Leo.

Why do children have to live with their father?

In this case, which reached the Supreme Court of North Carolina, a judge ruled that the children must live with their father, in part because of their mother’s breast cancer diagnosis. [ 522] . A psychologist who evaluated the couple as part of the custody proceedings sided with the father.

Why is it important to have a lawyer?

It is important to help your lawyer help you. You are part of a team to solve your legal problem. The Americans with Disabilities Act (ADA) requires lawyers to provide equal access to their services by providing accommodations necessary to communicate effectively with you.

What is the National Disability Rights Network?

The National Disability Rights Network (NDRN) is the largest provider of legally-based disability discrimination advocacy services in the United States. There is at least one NDRN office in every state and territory. The nickname for these offices is “Protection and Advocacy” or “P&A.”. Go to www.ndrn.org to find the P&A office in your state.

How to Find The Right Lawyer

  • Locating a good lawyer who can efficiently help with your particular problem may not be easy. Don't expect to locate a good lawyer by simply looking in the phone book or reading an advertisement. There's not enough information in these sources to help you make a valid judgment.
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Consider A Specialist

  • Most lawyers specialize in certain areas, and even a so-called "general practitioner" may not know that much about the particular area of your concern. For example, of the almost one million lawyers in America today, probably fewer than 50,000 possess sufficient training and experience in small business law to be of real help to an aspiring entrepreneur. It can pay to work with a law…
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Interview The Prospective Lawyers

  • When you get the names of several good prospects, the next step is to talk to each personally. If you outline your needs in advance, many lawyers will be willing to meet to you for a half-hour or so at no charge so that you can size them up and make an informed decision.
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Further Resources

  • For more tips on choosing and working with a lawyer, see the eBook The Lawsuit Survival Guide: A Client's Companion to Litigation, by Joseph Matthews (Nolo). Before you meet with a lawyer, you might want to learn some common (and perhaps even not-so-common) legal terms. Get Nolo's Plain-English Law Dictionary, available as a free iPhone app(also compatible with iPod touch).
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